Bill Summary for H 790 (2023-2024)

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Summary date: 

May 2 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 790 (Public) Filed Tuesday, April 18, 2023
Intro. by Pyrtle.

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Bill summary

House committee substitute to the 1st edition makes the following change.

Amends GS 15A-1465 as follows. Reinstates the provisions that allow the director to apply for and accept on behalf of the North Carolina Innocence Inquiry Commission (Commission) other sources of funding than government grants. Adds that the acceptance of private gifts and donations does not create any obligation for the Commission. Gives the Director of the North Carolina Innocence Inquiry Commission (Director) the sole authority to direct the use of private gifts and donations.

Deletes proposed changes to GS 15A-1466 and GS 15A-1467.

Deletes the proposed changes to the Commission's proceedings under GS 15A-1468 and instead makes the following changes. Extends the time a prehearing conference must be held to 30 days (was, 90 in previous edition and 10 in current law) before any proceedings of the full Commission. Adds that the Commission may call for a prehearing conference at any time the Commission has developed credible evidence to support a claim of factual innocence. Requires when Commission hearing is continued for any reason, that at least 10 days before the newly scheduled hearing a subsequent prehearing conference be held to discuss any newly developed evidence was not previously provided. Gives the district attorney, or designee, and the claimant's counsel the ability to access, review, and inspect the Commission's entire case file at least 60 days prior to the Commission hearing (was, the District Attorney, or designee, shall be provided (i) an opportunity to inspect any evidence that may be presented to the Commission that has not previously been presented to any judicial officer or body and (ii) any information that the District Attorney, or the District Attorney's designee, deems relevant to the proceedings). Requires the Commission to present and make the information available in a reasonably organized manner that it not to be overly burdensome to the Commission, the district attorney, or the claimant's counsel. Allows the district attorney to provide the Commission with a written statement, at least 10 days before a Commission hearing (was, at least 72 hours before a Commission proceeding), which is part of the record. Adds that the Commission has an ongoing duty to provide any newly discovered evidence to the district attorney and the claimant's counsel until the hearing begins. Requires that evidence not provided to the district attorney and the claimant's counsel in the initial release of information to be provided at least 10 days prior to the Commission hearing. Requires the Commission to keep a clear record of which materials have been previously made available for review and inspection. Requires the victim to be notified at least 10 (was, 30) days before initial prehearing conference. Adds that the Director is allowed to notify the victim at an earlier date in the proceedings. Adds to the individuals to whom evidence favorable to the convicted person disclosed through formal inquiry or Commission proceedings must be disclosed to include the district attorney, or the district attorney's designee, of the district where the claimant was convicted of the felony upon which the claim of factual innocence is based.

Amends GS 15A-1469 by amending who must provide to the other parties any evidence each intends to introduce at the evidentiary hearing, at least 10 days prior to the evidentiary hearing, to include the district attorney and the claimant's counsel (was, the district attorney, defense counsel, and the Commission). Maintains other changes made to the statute in the previous edition.

Makes additional technical changes.