Enacts GS 15A-1423 to allow any person convicted of a felony and imprisoned in the State whose conviction is later vacated by an order of a state or federal court to file a petition in superior court to determine whether the petitioner's conviction was erroneous, described to mean if no reasonable juror could find beyond a reasonable doubt that the petitioner committed the crime(s) for which the petitioner was convicted, that the petitioner was an accessory or accomplice to the acts that were the basis of the conviction, or that the petitioner had any criminal culpability for any act that was the basis of the conviction. Requires that the charges were dismissed against the defendant in addition to vacating the conviction, or the State to dismiss or inform the court that it intends to dismiss the charges after the motion is filed. Places the burden of proof on the petitioner with a preponderance of the evidence standard. Provides for the record that may be reviewed and the petitioner's rights at the hearing. Estops the State from challenging facts that were relied upon by the vacating court. Provides that the court's order determining whether the conviction was erroneous is reviewable by appeal to the appellate division under GS 7A-27 and GS 7A-30.
Enacts GS 148-82(c), allowing any person convicted of a felony and imprisoned in the State whose conviction is later vacated by an order of a state or federal court to file a petition against the State for pecuniary loss sustained by the person as a result of the person's erroneous conviction, if the criteria of new GS 15A-1423 have been met.
Amends GS 148-84(a), expanding the grounds for relief requiring the Industrial Commission to award $50,000 for each year of imprisonment actually served, to include when a claimant received a court order under new GS 15A-1423 finding that the claimant was convicted erroneously, so long as the other required findings are met.
Bill H 877 (2021)Summary date: May 7 2021 - View summary