Bill Text: NC H1021 | 2015-2016 | Regular Session | Amended
Bill Title: Amend Sex Offender Certain Premises
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2016-07-21 - Ch. SL 2016-102 [H1021 Detail]
Download: North_Carolina-2015-H1021-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
H 4
HOUSE BILL 1021
Committee Substitute Favorable 5/12/16
Third Edition Engrossed 5/16/16
Corrected Copy 5/17/16
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Short Title: Amend Innocence Commission Statutes. |
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Sponsors: |
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Referred to: |
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May 4, 2016
A BILL TO BE ENTITLED
AN ACT TO MAKE VARIOUS AMENDMENTS TO THE LAWS REGARDING THE INNOCENCE INQUIRY COMMISSION, AS RECOMMENDED BY THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON JUSTICE AND PUBLIC SAFETY.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 15A‑1465(a) reads as rewritten:
"(a) The Commission shall
employ a Director. Director, who shall report to the Director of the
Administrative Office of the Courts. The Director shall be an attorney
licensed to practice in North Carolina at the time of appointment and at all
times during service as Director. The Director shall assist the Commission in
developing rules and standards for cases accepted for review, coordinate
investigation of cases accepted for review, maintain records for all case
investigations, prepare reports outlining Commission investigations and
recommendations to the trial court, and apply for and accept on behalf of the
Commission any funds that may become available from government grants, private
gifts, donations, or devises from any source. The Director shall establish
procedures for Commission staff to report administrative details to the
Director of the Administrative Office of the Courts."
SECTION 2. G.S. 15A‑1467 reads as rewritten:
"§ 15A‑1467. Claims of innocence; waiver of convicted person's procedural safeguards and privileges; formal inquiry; notification of the crime victim.
(a) A claim of factual
innocence for any conviction may be referred to the Commission by any
court, a State or local agency, a claimant, or a claimant's counsel. A
claim of factual innocence for convictions of homicide pursuant to Article 6 of
Chapter 14 of the General Statutes, robbery pursuant to Article 17 of Chapter
14 of the General Statutes, any offense requiring registration pursuant to
Article 27A of Chapter 14 of the General Statutes, and any Class A through E
felony may be made directly by the claimant. The Commission shall not
consider a claim of factual innocence if the convicted person is deceased. A
claimant who received notice pursuant to subsection (c1) of this section and
did not make a claim of factual innocence shall be barred from investigation of
a claim of factual innocence by the Commission absent a showing of good cause
and approval of the Commission Chair. The determination of whether to grant
a formal inquiry regarding any other claim of factual innocence is in the
discretion of the Commission. The Commission may informally screen and dismiss
a case summarily at its discretion.
(b) No formal inquiry into a claim of innocence shall be made by the Commission unless the Director or the Director's designee first obtains a signed agreement from the convicted person in which the convicted person waives his or her procedural safeguards and privileges, agrees to cooperate with the Commission, and agrees to provide full disclosure regarding all inquiry requirements of the Commission. The waiver under this subsection does not apply to matters unrelated to a convicted person's claim of innocence. The waiver under this subsection shall not be construed to be a waiver of the convicted person's right to be heard by the court before the court issues any protective order regarding any portion of the investigative file relating to the convicted person's claim of factual innocence. The convicted person shall have the right to advice of counsel prior to the execution of the agreement and, if a formal inquiry is granted, throughout the formal inquiry. If counsel represents the convicted person, then the convicted person's counsel must be present at the signing of the agreement. If counsel does not represent the convicted person, the Commission Chair shall determine the convicted person's indigency status and, if appropriate, enter an order for the appointment of counsel by Indigent Defense Services for the purpose of advising on the agreement. If the convicted person has requested a specific attorney with knowledge of the case, the Director shall inform Indigent Defense Services of that request for their consideration.
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(c1) If a formal inquiry regarding a claim of factual innocence is granted, the Commission shall use all due diligence to notify each codefendant of the claim, that an investigation will be conducted, and that if the codefendant wishes to also file a claim, they must do so within 60 days from receipt of the notice or their claim may be barred from future investigation by the Commission.
(c2) If a formal inquiry regarding a claim of factual innocence is granted, the Director shall provide a confidential case status update for each case in formal inquiry to the District Attorney, the convicted person, or counsel, if any, and referring counsel, if any, at least once every six months. The case status update shall include a summary of the actions taken since the last update.
...."
SECTION 3. G.S. 15A‑1468 is amended by adding a new subsection to read:
"(f) At any point in the formal inquiry regarding a claim of factual innocence, the District Attorney and the convicted person or the convicted person's counsel may agree that there is sufficient evidence of factual innocence to merit judicial review by the three‑judge panel and bypass the eight‑member panel. The Director and the Chair of the Commission shall be notified in writing of any such agreement."
SECTION 4. G.S. 15A‑1469 reads as rewritten:
"§ 15A‑1469. Postcommission three‑judge panel.
(a) If the Commission concludes
concludes, or the parties agree pursuant to G.S. 15A‑1468(f),
there is sufficient evidence of factual innocence to merit judicial review,
the Chair of the Commission shall request the Chief Justice to appoint a three‑judge
panel, not to include any trial judge that has had substantial previous
involvement in the case, and issue commissions to the members of the three‑judge
panel to convene a special session of the superior court of the original
jurisdiction to hear evidence relevant to the Commission's recommendation. The
senior judge of the panel shall preside. The Chief Justice shall appoint the
three‑judge panel within 20 days of the filing of the Commission's
opinion finding sufficient evidence of factual innocence to merit judicial
review.
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(e) The senior resident
superior court judge shall determine the convicted person's indigency status
and, if appropriate, enter an order for the appointment of counsel. counsel
by Indigent Defense Services. If the convicted person has requested a specific
attorney with knowledge of the case, the Director shall inform Indigent Defense
Services of that request for their consideration. The court may also enter
an order relieving an indigent convicted person of all or a portion of the
costs of the proceedings.
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SECTION 5. G.S. 15A‑1471 is amended by adding a new subsection to read:
"(b1) The Commission shall notify the District Attorney or designee, and the convicted person or counsel, before requesting any protective order regarding any portion of the investigative file relating to the convicted person's claim of factual innocence. The District Attorney, or designee, and the convicted person, or counsel, shall be given the right to be heard by the court before the court issues a protective order regarding any portion of the investigative file relating to the convicted person's claim of factual innocence."
SECTION 6. G.S. 15A-1460 reads as rewritten:
"§ 15A‑1460. Definitions.
The following definitions apply in this Article:
(1) "Claim of factual innocence" means a claim on behalf of a living person convicted of a felony in the General Court of Justice of the State of North Carolina, asserting the complete innocence of any criminal responsibility for the felony for which the person was convicted and for any other reduced level of criminal responsibility relating to the crime, and for which there is some credible, verifiable evidence of innocence that has not previously been presented at trial or considered at a hearing granted through postconviction relief.
(1a) "Claimant" means a person asserting that he or she is completely innocent of any criminal responsibility for a felony crime upon which the person was convicted and for any other reduced level of criminal responsibility relating to the crime.
(2) "Commission" means the North Carolina Innocence Inquiry Commission established by this Article.
(3) "Director" means the Director of the North Carolina Innocence Inquiry Commission.
(3a) "Formal inquiry" means the stage of an investigation when the Commission has entered into a signed agreement with the original claimant and the Commission has made efforts to notify the victim.
(4) "Victim" means the victim of the crime, or if the victim of the crime is deceased, the next of kin of the victim."
SECTION 7. This act becomes effective August 1, 2016, and applies to any claim filed on or after that date and any claim pending on that date. However, nothing in this act shall abate a claim filed prior to that date or invalidate any action taken on a claim prior to that date.
