Bill Text: NC S144 | 2010 | Regular Session | Amended
Bill Title: Amend Innocence Inquiry Commission
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2010-08-02 - Ch. SL 2010-171 [S144 Detail]
Download: North_Carolina-2010-S144-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
S 3
SENATE BILL 144
Judiciary II Committee Substitute Adopted 3/30/09
House Committee Substitute Favorable 5/26/10
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Short Title: Amend Innocence Inquiry Commission. |
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Referred to: |
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February 12, 2009
A BILL TO BE ENTITLED
AN ACT to make various amendments to the law regarding the innocence Inquiry Commission.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 15A‑1469 reads as rewritten:
"§ 15A‑1469. Postcommission three‑judge panel.
(a) If the Commission concludes 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.
(a1) The Attorney General shall appoint a special prosecutor to represent the State at the hearing before the three‑judge panel within 20 days of the filing of the Commission's opinion finding sufficient evidence of innocence to merit judicial review. Except as otherwise provided by this subsection, the Attorney General may appoint as a special prosecutor a district attorney, assistant district attorney, or other attorney, including one from the prosecutorial district where the convicted person was tried, and may also appoint an attorney from the Department of Justice as provided by G.S. 114‑11.6. However, the Attorney General shall not appoint as special prosecutor any attorney who prosecuted or assisted with the prosecution in the trial of the convicted person.
(b) The senior resident superior court judge shall
enter an order setting the case for hearing at the special session of superior
court for which the three‑judge panel is commissioned and shall require
the State special prosecutor to file a response to the Commission's
opinion within 60 90 days of the date of the order. Such
response, at the time of original filing or through amendment at any time
before the hearing, may include joining the defense in a motion to dismiss the
charges with prejudice on the basis of innocence.
(c) The district attorney of the district of
conviction, or the district attorney's designee, shall represent the State at
the hearing before the three‑judge panel.
(d) The three‑judge panel shall conduct an
evidentiary hearing. At the hearing, the court court, and the defense
and prosecution through the court, may compel the testimony of any witness,
including the convicted person. All evidence relevant to the case, even if
considered by a jury or judge in a prior proceeding, may be presented during
the hearing. The convicted person may not assert any privilege or prevent a
witness from testifying. The convicted person has a right to be present at the
evidentiary hearing and to be represented by counsel. A waiver of the right to
be present shall be in writing.
(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. The court may also enter an order relieving an indigent convicted person of all or a portion of the costs of the proceedings.
(f) The clerk of court shall provide written notification to the victim 30 days prior to any case‑related hearings.
(g) Upon the motion of either party, the senior judge of the panel may direct the attorneys for the parties to appear before him or her for a conference on any matter in the case.
(h) The three‑judge panel shall rule as to whether the convicted person has proved by clear and convincing evidence that the convicted person is innocent of the charges. Such a determination shall require a unanimous vote. If the vote is unanimous, the panel shall enter dismissal of all or any of the charges. If the vote is not unanimous, the panel shall deny relief."
SECTION 2. G.S. 114‑11.6 reads as rewritten:
"§ 114‑11.6. Division established; duties.
There is hereby established in the office of the Attorney General of North Carolina, a Special Prosecution Division. The attorneys assigned to this Division shall be available to prosecute or assist in the prosecution of criminal cases when requested to do so by a district attorney and the Attorney General approves. The attorneys assigned to this Division shall also be available to serve as special prosecutors pursuant to G.S. 15A‑1469. In addition, these attorneys assigned to this Division shall serve as legal advisers to the State Bureau of Investigation and the Police Information Network and perform any other duties assigned to them by the Attorney General."
SECTION 3. Section 12 of S.L. 2006‑184 reads as rewritten:
"SECTION 12. This act is effective when it
becomes law and applies to claims of factual innocence filed on or before
December 31, 2010.law."
SECTION 4. Sections 1 and 2 of this act become effective October 1, 2010, and apply to all claims of factual innocence filed on or after that date. The remainder of this act is effective when it becomes law.
