Bill Summary for H 116 (2023-2024)

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Summary date: 

Feb 14 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 116 (Public) Filed Tuesday, February 14, 2023
Intro. by Stevens.

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Bill summary

Amends GS 7A-64 to remove subdivision (b)(3) and create subsection (d), establishing a procedure for district attorneys who recuse themselves from the investigation and prosecution of a matter due to a conflict of interest or for other good cause, to apply to the Administrative Office of the Courts (AOC) for assignment of another district attorney, a resource prosecutor, or a special prosecutor. Establishes that payment for a special prosecutor must be approved by the Conference of District Attorneys and the director of the AOC. Gives a special prosecutor all the authority the requesting district attorney would otherwise have had.

Amends GS 7A-65 to include other district attorney staff, and provides that the salaries for district attorney administrative assistants, district attorney legal assistants, and district attorney investigators will be as provided in the Current Operations Appropriations Act. Provides that those employees are also entitled to reimbursement for subsistence expenses, travel expenses on official business and longevity pay to the same extent as state employees generally. Effective July 1, 2023, and applies to reimbursements and pay increases after that date.

Amends GS 7A-69 to provide that each district attorney is entitled to at least one district attorney investigator (was, specified districts were entitled to one or two investigatorial assistants). Makes changes to the statute to rename “investigatorial assistant” as “district attorney investigator.” Effective July 1, 2023.

Amends GS 132.1-1(a) to include district attorneys and staff in the list of governmental bodies for which written attorney-client communications are confidential and not public records when concerning claims or judicial/administrative actions for or against the body. Specifies that written attorney-client communications regarding criminal investigations and prosecutions made to a governmental body are not public information except as provided in GS 132.1-4(g). 

Amends GS 132.1-4(g) to specify that disclosure of records regarding criminal investigations and criminal intelligence transmitted to a staff member of the Conference of District Attorneys is subject to the requirements of GS 132.1-4 and GS Chapter 15A.