Bill Summary for H 1021 (2015-2016)

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Summary date: 

May 3 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 1021 (Public) Filed Tuesday, May 3, 2016
AN ACT TO AMEND THE LAW REGARDING SEX OFFENDERS ON CERTAIN PREMISES TO ADDRESS THE RULING IN DOE V. COOPER.
Intro. by Daughtry.

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Bill summary

Amends GS 15A-1465(a) to require the North Carolina Innocence Inquiry Commission (Commission) Director to report, and establish procedures for Commission staff to report, administrative details, to the Director of the Administrative Office of the Courts.

Amends GS 15A-1467 concerning claims of innocence, waiver of convicted person's procedural safeguards and privileges, formal inquiry, and the notification of the crime victim under Article 92 of GS Chapter 15A.  Establishes that a claim of factual innocence for any conviction may be referred to the Commission by any court, a state or local agency, or a claimant's counsel (currently, there is no clarification that a claim of factual innocence may be made for any conviction, and currently, a claimant may also refer a claim of factual innocence to the Commission).  Allows a claim of factual innocence for convictions of homicide pursuant to Article 6 of GS Chapter 14, robbery pursuant to Article 17 of GS Chapter 14, and any offense requiring registration pursuant to Article 27A (Sex Offender and Public Protection Registration Programs) of GS Chapter 14 to be made directly by the claimant. Provides that a claimant who received notice pursuant to new subsection (c1) of this statute and did not make a claim of factual innocence is barred from investigation of a claim of factual innocence by the Commission absent a showing of good cause and approval of the Commission Chair.  Establishes that the waiver of the claimant's procedural safeguards and privileges under subsection (b) of this statute cannot be construed to be a waiver of the convicted person's right to be heard by the court before the court issues any protective order regarding any portion of the investigative file relating to the convicted person's claim of factual innocence.  Provides that if counsel does not represent the convicted person, the Commission Chair must determine the convicted person's indigency status and, if appropriate, enter an order for the appointment of counsel by Indigent Defense Services (currently, does not designate Indigent Defense Services to appoint counsel) for the purpose of advising on the agreement, and if the convicted person has requested a specific attorney with knowledge of the case, the Director must inform Indigent Defense Services of that request for its consideration. Adds new subsection (c1) to this statute to provide for notice to each co-defendant of a claim of factual innocence whose formal inquiry has been granted and that the co-defendant will be barred from future investigation by the Commission if the co-defendant does not file a claim of factual innocence within 60 days from the receipt of the notice.  Adds new subsection (c2) to require the Director to provide a confidential case status update, including a summary of any actions taken since the last update, for each case in formal inquiry to the District Attorney, the convicted person, or counsel, if any, and referring counsel, if any, at least once every six months.

Amends GS 15A-1468 to add a new subsection (f) to establish that at any point in the formal inquiry regarding a claim of factual innocence, the District Attorney and the convicted person or the convicted person's counsel may agree that there is sufficient evidence of factual innocence to merit judicial review by the three-judge panel and bypass the eight-member panel. Requires the Director and the Chair of the Commission to be notified in writing of any such agreement made under this subsection.  Amends GS 15A-1469 to allow for a three-judge panel to be appointed  by the Chief Justice if the Commission concludes, or the parties agree under new subsection (f) of GS 15A-1468, that there is sufficient evidence of factual innocence to merit judicial review.  Similar to GS 15A-1467(b), as amended, requires the senior resident superior court judge to determine the convicted person's indigency status and, if appropriate, enter an order for the appointment of counsel by Indigent Defense Services (currently, does not designate Indigent Defense Services to appoint counsel), and that if the convicted person has requested a specific attorney with knowledge of the case, the Director shall inform Indigent Defense Services of that request for its consideration.

Amends GS 15A-1471 to add a new subsection (b1) to require the Commission to notify the District Attorney, or designee, and the convicted person, or counsel, before requesting any protective order regarding any portion of the investigative file relating to the convicted person's claim of factual innocence, and provides that the District Attorney, or designee, and the convicted person, or counsel, must be given the right to be heard by the court before the court issues a protective order regarding any portion of the investigative file relating to the convicted person's claim of factual innocence.

Effective December 1, 2016, and applies to claims of factual innocence made on or after that date.