Bill Summary for H 790 (2023-2024)

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Summary date: 

Apr 20 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 790 (Public) Filed Tuesday, April 18, 2023
AN ACT TO MODIFY LAWS RELATING TO THE NORTH CAROLINA INNOCENCE INQUIRY COMMISSION AND TO MODIFY VARIOUS LAWS RELATED TO CRIMINAL PROCEDURE.
Intro. by Pyrtle.

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Bill summary

Amends GS 15A-1465 (pertaining to the Director and other staff of NC Innocence Inquiry Commission [Commission]) to delete provisions that allow the director to apply for and accept on behalf of the Commission other sources of funding than government grants. Makes conforming change to GS 15A-1466 (duties of Commission) and narrows the Commission’s duties to only conduct inquiries into claims of factual innocence where the convicted person is currently incarcerated solely for the crime for which factual innocence is claimed (currently, just must give priority to those claims).  Prohibits the Commission from considering a claim of factual innocence if a person is no longer incarcerated for the crime for which factual innocence is claim. 

Amends the Commission’s proceedings under GS 15A-1468 as follows. Extends the time a prehearing conference must be held to 90 days before any proceedings of the full Commission (was, 10) and to allow a prehearing conference at any time during the formal inquiry when the Commission has developed credible evidence to support a claim. Now requires the Commission to provide the District Attorney or designee with a complete copy of the investigation including any testimony or evidence that may be presented to the Commission (was, just opportunity to inspect evidence that had not been previously presented to any judicial officer or body or any other evidence the District Attorney/designee deemed relevant). Extends the time that the District Attorney is authorized to present a statement to the Commission from 72 hours to 10 days prior to any Commission proceeding.  Specifies that the Commission has an ongoing duty to provide any newly discovered evidence or testimony throughout the entire Commission proceeding and throughout any post-commission three-judge panel proceeding ordered pursuant to GS 15A-1469. Specifies that evidence or testimony not provided is not admissible at the hearing, absent good cause shown as determined by the Commission Chair.  Extends the time that the Director has to notify the victim from at least 30 days from before a proceeding of the full Commission to 90 days.  Expands the individuals to whom evidence favorable to the convicted person must be disclosed to include the District Attorney of the of the district where the claimant was convicted of the felony upon which the claim of factual innocence is based, or the District Attorney's designee.

Amends GS 15A-1469 (postcommission three-judge panel) to delete authorization to Chair of Commission to request the Attorney General to appoint a special prosecutor if the Commission concludes there is credible evidence of prosecutorial misconduct in the case. Now triggering event is if Commission concludes there is credible evidence of prosecutorial misconduct by the current District Attorney of the district where the claimant was convicted of the felony upon which the claim of innocence is based, and the Chair of Commission must make the request to appoint a special prosecutor to the Administrative Office of the Courts. Removes the limitation that the special prosecutor cannot be a prosecuting attorney in the district where the convicted person was tried.  Requires the three-judge panel to conduct an evidentiary hearing in line with the NC rules of evidence (was, just evidentiary hearing). Specifies that at least ten days prior to the evidentiary hearing, the district attorney, defense counsel, and the Commission must provide to the other parties any evidence or testimony each intends to introduce at the evidentiary hearing. Specifies that any evidence or testimony not timely provided to the other parties is not admissible at the hearing, absent good cause shown as determined  by the three-judge panel. Makes conforming changes.

Applies to proceedings held on or after the act becomes law.