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.
House committee substitute to the 2nd edition makes the following changes.
Amends GS 15A-269(b) by clarifying that the court is to grant the motion for DNA testing and, if testing complies with FBI requirements, the run of any profiles obtained from the testing, upon determining all of the three specified items.
Amends GS 15A-1469 by adding that the new provision requiring a motion for appropriate relief to be considered by the senior judge of the three-judge panel if the motion is filed any time within one year of the denied relief, is notwithstanding GS 15A-1413 (trial judges empowered to act; assignment of motions for appropriate relief). Makes additional clarifying changes.
Makes the entire act effective when it becomes law and applicable to motions pending or filed on or after that date (was, changes to GS 15A-1469 were effective December 1, 2019).
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