Bill Summary for S 887 (2025-2026)

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Summary date: 

Apr 28 2026

Bill Information:

View NCGA Bill Details2025-2026 Session
Senate Bill 887 (Public) Filed Tuesday, April 28, 2026
AN ACT TO ALLOW FOR THE AWARD OF COMPENSATION TO PERSONS WHO THE COURT FINDS WERE UNLAWFULLY DETAINED BY THE STATE OR A LOCAL POLITICAL SUBDIVISION OF THE STATE.
Intro. by Murdock, Theodros.

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Bill summary

Amends GS Chapter 7A by adding new Article 64, including new GS 7A-810 through GS 7A-812. 

GS 7A-810 allows a person who was civilly or criminally detained by the state or a local political subdivision and was subsequently found by a court to have been unlawfully detained present by petition a claim against the State or the local political subdivision for the pecuniary loss sustained by the erroneous detention. Provides that petition must be brought within five years of the court’s finding and the Article does not apply to any person petitioning for compensation under GS 148-82 (compensation for persons erroneously convicted of felonies).

GS 7A-811 provides the form, requisites, and contents of the petition and requires the Industrial Commission (Commission) to hold a hearing upon a petition’s presentation. Details notice requirements prior to the hearing.

GS 7A-812(a) details what types of evidence may be introduced in such hearing. If the Commission finds claimant was unlawfully detained and suffered harm as a result, the Commission must award the claimant $50,000 per year or the pro rata amount for the portion of each year of detention, including time spent awaiting trial. Prohibits compensation exceeding a total amount of $750,000, including compensation provided in GS 7A-812(b) and clarifies that claimant is not entitled to compensation for any part of detention where claimant was concurrently detained for a lawful purpose. Provides that Commission’s determination is subject to judicial review upon appeal of the claimant or the State. GS 7A-812(b) provides that the Commission must also determine the extent to which the detention deprived a claimant of educational or training opportunities and may award compensation for any of the listed loss of life opportunities, in addition to GS 7A-812(a)’s compensation.

Retroactively effective to October 1, 2021, and applies to detentions occurring on or after that date.

Appropriates $1 million from the General Fund to the Contingency and Emergency Fund (established in GS 143C-4-4), to be used for any compensation awarded under the new Article. Effective July 1, 2026.