Bill Summary for H 678 (2015-2016)
Printer-friendly: Click to view
Summary date:
Bill Information:
View NCGA Bill Details | 2015-2016 Session |
AN ACT TO MAKE VARIOUS AMENDMENTS TO THE LAWS REGARDING THE INNOCENCE COMMISSION.Intro. by Glazier, Daughtry, Stam.
View: All Summaries for Bill | Tracking: |
Bill summary
Amends GS 15A-1465(a) to require the Director of the Innocence Commission (Director) to report to the Director of the Administrative Office of the Courts.
Amends GS 15A-1466 to add a new requirement that the Director of the Innocence Commission submit annual reports to the Director of the Administrative Office of the Courts.
Amends GS 15A-1467 to require that, if the Innocence Commission grants a formal inquiry, the Director must use all due diligence to contact codefendants. Codefendants must be given an opportunity to have their cases investigated simultaneously. Also requires the Director to provide confidential case status updates at least every six months to the district attorney, defense counsel, and referring counsel (if any).
Amends GS 15A-1468, subsection (a), to remove language that provided the Commission with discretion as to whether hearings would be public. Revised language provides that at the conclusion of an inquiry, all relevant evidence must be presented to the full Commission in a public hearing. Makes clarifying changes.
Amends subsection (a2) to clarify a requirement that the district attorney must be given an opportunity to provide the Commission with a written statement conveying his or her position before any Commission proceeding. Provides that the district attorney must be provided at least 24 hours notice to do so before any such proceeding.
Amends subsection (c) to clarify who must be provided with the Commission's opinion and other information after a Commission decision. Requires that the Commission send the opinion to the convicted person or that person's counsel. Deletes requirement that the Commission send copies of documents and supporting materials.
Amends subsection (d) to delete the requirement that the Commission provide evidence favorable to the convicted person to that person or that person's counsel.
Amends subsection (e) to delete language which made all records and proceedings of the Commission confidential and exempt from public records and public meetings laws. Adds language requiring a full copy of the file, including a full transcript but excluding any information subject to a protective order, be provided to all parties. Requires that the district attorney and the convicted person must have the opportunity to be heard on any request for a protective order. Clarifies that all documents become public record when entered into evidence in superior court by either party (was, at the time of referral to superior court).
Makes technical and conforming changes.