House committee substitute makes the following changes to 1st edition. Amends GS 15A-903(a)(1) to clarify that upon motion of the defendant, the court must order the state to make available to the defendant all files of the law enforcement agencies, investigatory agencies, and prosecutor’s offices involved in the investigation of the crimes committed or prosecution of the defendant (was, make available the prosecutor’s complete file). Directs that, in addition to any results, all other data, calculations, or writings of any kind must be made available to the defendant when any matter or evidence is submitted for testing or examination. Defines prosecutor’s office as the office of the prosecuting attorney and defines investigatory agency as any public or private entity that obtains information on behalf of a law enforcement agency or prosecutor’s office.
Deletes previously added provision in GS 15A-903(a)(2) regarding the requirement that any representative of the state who is requesting investigative assistant or expert witness services must file a motion and notice of hearing on the defendant in court in the presence of opposing counsel, and substitutes language directing standardized fee scales be developed by the Administrative Office of the Courts and Indigent Defense Services for all expert witnesses and private investigators who are compensated with state funds. Makes similar deletion and substitution to GS 15A-905(c)(2).
Rewrites GS 15A-903(c) to require law enforcement and investigatory agencies to make available to the prosecutor’s office a complete copy of the relevant files, including any information under GS 15A-903(a)(1), in a timely matter. Creates new subsection (d) to GS 15A-903 making it a Class H felony to willfully omit or misrepresent evidence or information required to be disclosed under GS 15A-903(a)(1) or provided under GS 15A-903(c). Any other willful omission or misrepresentation under the statute is a Class 1 misdemeanor.
Deletes provision in GS 15A-904 stating that the district attorney or other prosecuting attorney and legal staff are presumed to be acting in good faith if the state has undertaken compliance with Article 48 of GS Chapter 15A by making disclosure. Amends GS 15A-910 to provide a presumption that prosecuting attorneys and their staff acted in good faith if they made reasonably diligent inquiry of agencies under GS 15A-903(c) and disclosed responsive materials, when courts and state agencies are determining whether to impose personal sanctions for untimely disclosure of law enforcement and investigatory agencies’ files.
Makes other clarifying and organizational changes. Changes title to AN ACT TO STRENGTHEN NORTH CAROLINA’S OPEN-FILE DISCOVERY LAW, PROTECT CRIME STOPPERS INFORMANTS, PROTECT VICTIM INFORMATION, REQUIRE LAW ENFORCEMENT AND INVESTIGATORY AGENCIES TO MAKE TIMELY DISCLOSURE OF THEIR FILES TO PROSECUTORS, AND AVOID FRIVOLOUS CLAIMS OF PROFESSIONAL MISCONDUCT AGAINST PROSECUTORS.