Bill Summary for S 425 (2019-2020)

Summary date: 

May 6 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 425 (Public) Filed Thursday, March 28, 2019
AN ACT TO CLARIFY THAT FOR A JUDGE TO GRANT POSTCONVICTION DNA TESTING THE JUDGE MUST DETERMINE THAT A FAVORABLE RESULT FROM THE REQUESTED DNA TEST WOULD SUPPORT THE DEFENDANT'S INNOCENCE CLAIM AND TO MODIFY WHICH JUDGE SHALL HEAR CERTAIN MOTIONS FOR APPROPRIATE RELIEF AFTER A CLAIM OF INNOCENCE IS DENIED BY A THREE-JUDGE PANEL.
Intro. by McKissick, Britt, Daniel.

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Bill summary

Senate amendment #2 adds the following to the 1st edition.

Amends GS 15A-1469, concerning three-judge panel review following a finding by either the Innocence Inquiry Commission or the district attorney and the convicted person's counsel agree pursuant to specified state law that there is sufficient evidence of factual innocence to merit judicial review. Establishes that if a claimant is denied relief by the three-judge panel and files a motion for appropriate relief pursuant to Article 89 within one year of the denied relief, the motion is to be considered by the senior judge of the three-judge panel. Makes conforming changes to the act's long title.

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