Senate committee substitute makes the following changes to the 2nd edition.
Deletes all provisions of the 2nd edition and replaces it with the following.
Amends the long and short titles.
Enacts new GS Chapter 15A, Article 54 (Reliability of In-Custody Informant Statements), consisting of one statute, GS 15A-981 (In-Custody Informant Statements). Provides that a defendant shall not be convicted of an offense or receive an aggravated sentence if the only supporting evidence presented to a judge or jury is the uncorroborated testimony of anin-custody informant (as defined). Requires the additional evidence to include evidence other than the uncorroborated testimony of another in-custody informant. Directs a judge presiding over a case in which in-custody informant testimony is presented to a jury to instruct the jury that the testimony must be scrutinized with regard to reliability, and that such jury scrutiny may include three listed factors, including whether the witness may have any interest in the outcome of the trial because of the witness's activities as an in-custody informant. Requires all interviews of in-custody informants to be recorded with a visual recording device, as specified. Failure to record does not limit the introduction of any evidence other than the statement of the in-custody informant. Directs district attorneys to establish policies and procedures governing the recording and use of in-custody informant testimony, including maintenance of a central file preserving all records relating to contacts with in-custody informants, whether used as witnesses or not. Prohibits the destruction or alteration of any electronic recording of an in-custody informant interview for one year after the completion of all State and federal appeals of the conviction, including the exhaustion of any appeal of any motion for appropriate relief or habeas corpus proceedings. Requires each electronic recording to be clearly identified and catalogued by law enforcement personnel. Effective December 1, 2017, and applies to offenses committed on or after that date.
Amends GS 15A-1467 (Claims of innocence; waiver of convicted person's procedural safeguards and privileges; formal inquiry; notification of the crime victim). Requires the Director of the North Carolina Innocence Inquiry Commission (Director) to provide counsel that refers a case to the Commission with a case disposition memorandum, when the claim is closed prior to formal inquiry. Applies to all cases under GS Chapter 15A, Article 92 (NC Innocence Inquiry Commission).
Amends GS 15A-1468. Makes an organizational change. When a formal inquiry case is not presented to the Commission, requires the Director to provide a copy of the full case file to the district attorney and defense counsel when the formal inquiry is completed. For cases presented to the full commission after formal inquiry, requires the Director to make a copy of the entire case file available to the district attorney and defense counsel, as well as a copy of the uncertified and certified transcript of the Commission's proceedings. Applies to all cases under GS Chapter 15A, Article 92 (NC Innocence Inquiry Commission).
Directs the North Carolina Courts Commission, with input from four listed entities, to study the Innocence Inquiry Commission and to look at four listed issues, including the role of the Director and Commission in eight listed matters, and whether referral to the Commission is an appropriate remedy available when a court grants a motion for appropriate relief. Requires a report to the 2018 Session of the 2017-18 General Assembly.
Except as otherwise specified, effective when the bill becomes law.
INFORMANT STATEMENTS/INNOCENCE COMM'N CHANGES (NEW).
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View NCGA Bill Details | 2017-2018 Session |
AN ACT TO INCREASE THE RELIABILITY OF IN-CUSTODY INFORMANT STATEMENTS, TO MAKE CHANGES TO THE INNOCENCE INQUIRY COMMISSION STATUTES, AND TO STUDY THE ROLE OF THE NORTH CAROLINA INNOCENCE INQUIRY COMMISSION.Intro. by Rogers, Duane Hall, Destin Hall.
SOG comments (2):
Short and Long Title Changes
Senate committee substitute to the 2nd edition makes changes to the short and long titles. The original titles are as follows:
DOC AND JJ COMBINED RECORDS
AN ACT TO MANDATE THAT THE CLERK OF SUPERIOR COURT SEND A CERTIFIED COPY OF ORDERS GRANTING EXPUNCTIONS TO THE COMBINED RECORDS SECTION OF THE DEPARTMENT OF PUBLIC SAFETY AND TO THE STATE BUREAU OF INVESTIGATION.
Bill History:
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Tue, 28 Feb 2017 House: Filed
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Tue, 28 Feb 2017 House: Filed
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Thu, 2 Mar 2017 House: Passed 1st Reading
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Thu, 2 Mar 2017 House: Ref To Com On Judiciary II
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Thu, 2 Mar 2017 House: Passed 1st Reading
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Thu, 2 Mar 2017 House: Ref To Com On Judiciary II
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Tue, 28 Mar 2017 House: Reptd Fav Com Substitute
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Tue, 28 Mar 2017 House: Cal Pursuant Rule 36(b)
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Tue, 28 Mar 2017 House: Placed On Cal For 03/29/2017
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Tue, 28 Mar 2017 House: Reptd Fav Com Substitute
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Tue, 28 Mar 2017 House: Cal Pursuant Rule 36(b)
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Tue, 28 Mar 2017 House: Placed On Cal For 03/29/2017
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Wed, 29 Mar 2017 House: Passed 2nd Reading
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Wed, 29 Mar 2017 House: Passed 3rd Reading
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Wed, 29 Mar 2017 House: Passed 2nd Reading
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Wed, 29 Mar 2017 House: Passed 3rd Reading
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Thu, 30 Mar 2017 House: Regular Message Sent To Senate
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Thu, 30 Mar 2017 Senate: Regular Message Received From House
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Thu, 30 Mar 2017 Senate: Passed 1st Reading
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Thu, 30 Mar 2017 Senate: Ref To Com On Rules and Operations of the Senate
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Thu, 30 Mar 2017 House: Regular Message Sent To Senate
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Thu, 30 Mar 2017 Senate: Regular Message Received From House
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Thu, 30 Mar 2017 Senate: Passed 1st Reading
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Thu, 30 Mar 2017 Senate: Ref To Com On Rules and Operations of the Senate
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Mon, 12 Jun 2017 Senate: Withdrawn From Com
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Mon, 12 Jun 2017 Senate: Withdrawn From Com
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Tue, 20 Jun 2017 Senate: Reptd Fav Com Substitute
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Tue, 20 Jun 2017 Senate: Com Substitute Adopted
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Tue, 20 Jun 2017 Senate: Re-ref Com On Rules and Operations of the Senate
Bill Summaries:
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Bill H 216 (2017-2018)Summary date: Jun 20 2017 - View Summary
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Bill H 216 (2017-2018)Summary date: Mar 28 2017 - View Summary
House committee substitute to the 1st edition makes the following changes. Amends GS 15A-150(b) to require that the clerk of superior court send a certified copy of orders granting expunctions to the Department of Public Safety's Combined Records Section (was, to the Department of Public Safety, Division of Adult Correction and Juvenile Justice, Combined Records Section), in addition to the State Bureau of Investigation. Makes a conforming change to the act's long title.
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Bill H 216 (2017-2018)Summary date: Feb 28 2017 - View Summary
Amends GS 15A-150(b), as the title indicates.
House committee substitute to the 1st edition changed long title. Long title was AN ACT TO MANDATE THAT THE CLERK OF SUPERIOR COURT SEND A CERTIFIED COPY OF ORDERS GRANTING EXPUNCTIONS TO THE DIVISION OF ADULT CORRECTIONS AND JUVENILE JUSTICE COMBINED RECORDS SECTION AND TO THE STATE BUREAU OF INVESTIGATION, AS RECOMMENDED BY THE NORTH CAROLINA COURTS COMMISSION.