AMEND VARIOUS INNOCENCE COMMISSION STATUTES.

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View NCGA Bill Details2017-2018 Session
House Bill 609 (Public) Filed Wednesday, April 5, 2017
AN ACT TO CLARIFY THE DUTIES OF THE DIRECTOR OF THE INNOCENCE COMMISSION AND TO ENSURE ALL LANGUAGE AND TERMINOLOGY IS CONSISTENT WITHIN THE ARTICLE.
Intro. by W. Richardson.

Status: Ref To Com On Judiciary I (House Action) (Apr 10 2017)

Bill History:

H 609

Bill Summaries:

  • Summary date: Apr 7 2017 - View Summary

    Identical to S 667, filed 4/4/17.

    Amends GS 15A-1417 and GS 15A-1418 to delete the provisions authorizing referral to the North Carolina Innocence Inquiry Commission (Commission) upon a motion for appropriate relief.

    Amends GS 15A-1460 to include the Director of the Commission's designee in the definition of director.

    Amends GS 15A-1463 to delete the provision requiring the sheriff on the Commission to hold office at the time of his or her appointment to the Commission. Deletes the provision requiring the Commission to have its first meeting by January 31, 2007. Requires the Commission to give public notice of its meetings, and provide an opportunity for public comment on Commission operations and rules at each of its meetings.

    Amends GS 15A-1465 to require the Director to prepare reports as requested by the Commission or Administrative Office of the Courts (was, prepare reports outlining investigations and recommendations to the trial court).

    Amends GS 15A-1466 to assign the duties listed in that statute to the Director (currently, to the Commission). Removes the duty to conduct inquiries into claims of factual innocence, and amends the duty to coordinate the investigation of cases to give priority to cases in which the convicted person is currently incarcerated solely for the crime for which the convicted person claims factual innocence. Makes a conforming change.

    Amends GS 15A-1467 to authorize the Director (was, Commission) to use discretion to informally screen and dismiss a case summarily. Requires the Director to provide counsel that refers a case to the Commission with a case disposition memorandum when the case is closed prior to formal inquiry. Requires the Director (was, Commission) to give the victim in a case being reviewed by the Commission notice of the victim's right to present views and concerns throughout the investigation. Requires the Director (was, Commission) to notify co-defendants of the investigation. Grants the Director (was, Commission) with the discretion to end an inquiry upon deciding that the convicted person is uncooperative. Makes technical, clarifying, and conforming changes.

    Amends GS 15A-1468. Deletes the requirements for victim notification and that a victim notify the Commission of intent to attend within 10 days of a proceeding. Requires the Commission to deliberate in a closed meeting, and participate in a public vote. Deletes the provision requiring Commission records for conclusions of insufficient evidence of factual innocence to remain confidential. Requires the Director to provide a copy of case files for formal inquiry cases which are not presented to the Commission to the district attorney and defense counsel upon completion of formal inquiry. Requires the Director to provide a copy of the case file for cases presented to the full commission after formal inquiry, and the uncertified and certified transcripts of the Commission's proceedings, to the district attorney and the defense counsel. Makes technical and conforming changes.

    Amends GS 15A-1469 to authorize the senior judge of the three-judge panel to find good cause shown to encumber the Commission case file with a protective order. Requires the clerk of court to give reasonable notice to victims before consent hearings (currently, all hearings require 30 days' written notice). Makes technical and conforming changes.

    Amends GS 15A-1471 to require the Commission to obtain written consent of the claimant to consume biological material in the process of DNA testing. Applies the current evidence custody requirements to all parties involved in the testing and transmission process.

    Amends GS 143-318.18 to delete the Commission from the list of bodies to which GS Chapter 143, Article 33C (Meetings of Public Bodies), does not apply.