Current law, GS 15A-1413(d), requires the senior resident superior court judge to assign a motion for appropriate relief filed in superior court for review and administrative action, which includes entry of a scheduling order for subsequent events in the case. This act specifies that entry of a scheduling order for subsequent events by the senior resident superior court judge includes disclosure of expert witness information described in GS 15A-903(a)(2) (requiring notice to the defendant by the prosecuting attorney) and GS 15A-905(c)(2) (requiring notice to the State by the defendant) for expert witnesses reasonably expected to be called at a hearing on the motion for appropriate relief.

Amends GS 15A-1420(b1), which sets out the procedure for filing of a motion for appropriate relief. Adds a new subdivision to require the judge assigned to the motion to conduct an initial review to determine if all of the claims in the motion are frivolous. Directs the judge to deny the motion upon initial review if the judge determines that all the claims in the motion are frivolous. Provides that if the motion presents sufficient information to warrant a hearing or the interest of justice so requires, the judge must appoint counsel for an indigent defendant who is not represented by counsel. Directs counsel to review the motion filed by the petitioner and either adopt the motion or file an amended motion. Provides that after post-conviction counsel files an initial or amended motion, or a determination is made that the petitioner is proceeding without counsel, the judge can direct the State to file an answer. Allows the State to file a limited answer alleging that as a matter of law the defendant is not entitled to the relief sought.

Makes technical changes to GS 7A-451, which specifies the actions and proceedings in which an indigent person is entitled to services of counsel under law. Further, provides that an indigent person is entitled to services of counsel in a motion for appropriate relief under GS Chapter 15A if (1) appointment of counsel is authorized by GS Chapter 15A and (2) the defendant has been convicted of a felony, the defendant has been fined $500 or more, or the defendant has been sentenced to a term of imprisonment (previously, the authorization of appointment of counsel under GS Chapter 15A was not required).

Effective December 1, 2017, and applies to motions for appropriate relief filed on or after that date.