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NC S144

Bill

Status

Passed

8/2/2010

Primary Sponsor

Douglas Berger

Click for details

Origin

Senate

2010 Session

AI Summary

  • Chief Justice must appoint a three-judge panel within 20 days of the Commission's finding of sufficient evidence of factual innocence to merit judicial review.

  • Director of the Administrative Office of the Courts may appoint a special prosecutor to represent the State if there is an allegation or evidence of prosecutorial misconduct, with the request made within 20 days of the Commission's opinion.

  • State has 90 days (increased from 60) to file a response to the Commission's opinion and may join in a motion to dismiss charges with prejudice on the basis of innocence.

  • Persons determined innocent by a three-judge panel and against whom charges are dismissed are eligible for compensation under Chapter 148 without requiring a pardon of innocence from the Governor.

  • Compensation for exonerated persons is $50,000 per year of imprisonment served, with a maximum cap of $750,000.

Legislative Description

Amend Innocence Inquiry Commission

Last Action

Ch. SL 2010-171

8/2/2010

Committee Referrals

Judiciary I6/2/2010
Judiciary II2/12/2009

Full Bill Text

No bill text available