AN ACT TO MODIFY LAWS RELATING TO THE NORTH CAROLINA INNOCENCE INQUIRY COMMISSION AND TO MODIFY VARIOUS LAWS RELATED TO CRIMINAL PROCEDURE. SL 2023-74. Enacted July 7, 2023. Effective July 7, 2023, except as otherwise provided.
Bill Summaries: H790 INNOCENCE INQUIRY COMMISSION PROVISIONS.
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Bill H 790 (2023-2024)Summary date: Jul 10 2023 - View Summary
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Bill H 790 (2023-2024)Summary date: Jun 22 2023 - View Summary
Senate amendment to the 4th edition makes the following changes.
Expands the information that must be disclosed under GS 15A-1469 to include all information required by GS Chapter 15A, Article 48 (pertaining to discoverable evidence in a criminal proceeding in superior court) as if the parties have requested in writing that the other party comply with a discovery request (was, any evidence the DA or claimant's counsel intends to introduce at the hearing). Deems the Innocence Inquiry Commission (Commission) file disclosed. Provides that the statute does not prevent the three-judge panel from setting an earlier disclosure deadline or the parties from agreeing to provide earlier disclosure. Now requires good cause be shown (was, good cause as determined by the three-judge panel) for evidence not timely disclosed to be deemed admissible. Maintains other changes made to the statute in the previous edition.
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Bill H 790 (2023-2024)Summary date: Jun 20 2023 - View Summary
Senate committee substitute to the 3rd edition makes the following changes.
Amends GS 15A-1465 by removing the requirement that the Director of the North Carolina Innocence Inquiry Commission report to the chairs of the specified NCGA committee annually by February 1 of each year on all funds received through private gifts, donations, or devises from any source other than the State. Instead, amends GS 15A-1475 to require that the Commission's annual report to the same NCGA committee include a record of the receipt and expenditure of all private donations, gifts, and devises for the reporting period.
Makes additional technical changes.
Adds the following content.
Amends GS 15A-211, making laws governing electronic recording of juvenile interrogations applicable to any custodial interrogation of any person in a felony criminal investigation conducted at any place of detention (previously, any custodial interrogation of any person in a criminal investigation conducted at any place of detention if the investigation is related to any Class A, B1, or B2 felony, and any Class C felony of rape, sex offense, or assault with a deadly weapon with intent to kill inflecting serious injury). Amends the statute's stated purpose to include increasing court confidence in addition to court efficiency. Revises the definition of in its entirety as it applies to the Article to include an uninterrupted record that begins at the start of the interview of custodial interrogation and ends when the custodial interrogation has completely finished. Eliminates the requirement for the record to clearly show both the interrogator and the person in custody; instead requires any visual recording of a custodial interrogation to film both the interrogator and suspect. Adds that the record must reflect all starting and ending times and dates, as well as the starting time and date of the recess and resumption of the interrogation. Replaces the previous provisions regarding electronic recording requirements. Enacts a similar requirement to require any law enforcement officer conducting a custodial interrogation in a place of detention of (1) a juvenile involved in a criminal investigation or (2) any person involved in a felony criminal investigation, to make an electronic recording of the custodial interrogation in its entirety. Requires recordings of non-defendant custodial interrogations to be provided to the juvenile or criminal defendant as part of discovery requirements under GS Chapters 7B and 15A. Adds that electronic recordings of non-defendant custodial interrogations can be destroyed at the conclusion of the State appeal process. Applies to custodial interrogations occurring on or after October 1, 2023.
Effective October 1, 2023, amends GS 15A-266.7, requiring the State Crime Lab to notify the office of district attorney for all CODIS matches.
Adds new Article 54, Reliability of In-Custody Informant Statements, to GS Chapter 15A, providing as follows. Requires all interviews of in-custody informants by a law enforcement officer to be recorded using a visual recording device that provides an authentic, accurate, unaltered, and uninterrupted record of the interview that clearly shows both the interviewer and the in-custody informant. Provides an exception for attorneys for the State or defense conducting an interview as part of trial preparation. Defines in-custody informant as a person, other than a co-defendant, accomplice, or co-conspirator, whose testimony is based on statements allegedly made by the defendant while both the defendant and the informant were held within a city or county jail or a State correctional institution or otherwise confined, where statements relate to offenses that occurred outside of the confinement. Prohibits destroying or altering any electronic recording of an in-custody informant interview until 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 law enforcement to clearly identify and catalogue every electronic recording. Applies to offenses committed on or after October 1, 2023.
Make conforming changes to the act's long title.
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Bill H 790 (2023-2024)Summary date: May 3 2023 - View Summary
House amendment to the 2nd edition makes the following changes.
Further amends GS 15A-1465 as follows. Adds that the acceptance of devises does not create any obligation for the North Carolina Innocence Inquiry Commission. Requires the Director of the North Carolina Innocence Inquiry Commission to report to the chairs of the specified NCGA committee annually by February 1 of each year on all funds received through private gifts, donations, or devises from any source other than the State, including detailed information on the source, amount received, stated purpose of the funds, how the funds were expended, and any balance on hand in the previous calendar year (was, the Director had the sole authority to direct the use of private gifts and donations).
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Bill H 790 (2023-2024)Summary date: May 2 2023 - View 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.
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Bill H 790 (2023-2024)Summary date: Apr 20 2023 - View Summary
Amends GS 15A-1465 (pertaining to the Director and other staff of NC Innocence Inquiry Commission [Commission]) to delete provisions that allow the director to apply for and accept on behalf of the Commission other sources of funding than government grants. Makes conforming change to GS 15A-1466 (duties of Commission) and narrows the Commission’s duties to only conduct inquiries into claims of factual innocence where the convicted person is currently incarcerated solely for the crime for which factual innocence is claimed (currently, just must give priority to those claims). Prohibits the Commission from considering a claim of factual innocence if a person is no longer incarcerated for the crime for which factual innocence is claim.
Amends the Commission’s proceedings under GS 15A-1468 as follows. Extends the time a prehearing conference must be held to 90 days before any proceedings of the full Commission (was, 10) and to allow a prehearing conference at any time during the formal inquiry when the Commission has developed credible evidence to support a claim. Now requires the Commission to provide the District Attorney or designee with a complete copy of the investigation including any testimony or evidence that may be presented to the Commission (was, just opportunity to inspect evidence that had not been previously presented to any judicial officer or body or any other evidence the District Attorney/designee deemed relevant). Extends the time that the District Attorney is authorized to present a statement to the Commission from 72 hours to 10 days prior to any Commission proceeding. Specifies that the Commission has an ongoing duty to provide any newly discovered evidence or testimony throughout the entire Commission proceeding and throughout any post-commission three-judge panel proceeding ordered pursuant to GS 15A-1469. Specifies that evidence or testimony not provided is not admissible at the hearing, absent good cause shown as determined by the Commission Chair. Extends the time that the Director has to notify the victim from at least 30 days from before a proceeding of the full Commission to 90 days. Expands the individuals to whom evidence favorable to the convicted person must be disclosed to include the District Attorney of the of the district where the claimant was convicted of the felony upon which the claim of factual innocence is based, or the District Attorney's designee.
Amends GS 15A-1469 (postcommission three-judge panel) to delete authorization to Chair of Commission to request the Attorney General to appoint a special prosecutor if the Commission concludes there is credible evidence of prosecutorial misconduct in the case. Now triggering event is if Commission concludes there is credible evidence of prosecutorial misconduct by the current District Attorney of the district where the claimant was convicted of the felony upon which the claim of innocence is based, and the Chair of Commission must make the request to appoint a special prosecutor to the Administrative Office of the Courts. Removes the limitation that the special prosecutor cannot be a prosecuting attorney in the district where the convicted person was tried. Requires the three-judge panel to conduct an evidentiary hearing in line with the NC rules of evidence (was, just evidentiary hearing). Specifies that at least ten days prior to the evidentiary hearing, the district attorney, defense counsel, and the Commission must provide to the other parties any evidence or testimony each intends to introduce at the evidentiary hearing. Specifies that any evidence or testimony not timely provided to the other parties is not admissible at the hearing, absent good cause shown as determined by the three-judge panel. Makes conforming changes.
Applies to proceedings held on or after the act becomes law.