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NC H1117

Bill

Status

Introduced

5/10/2016

Primary Sponsor

Edward Hanes

Click for details

Origin

House of Representatives

2015-2016 Session

AI Summary

  • Requires courts to find whether credible evidence of prosecutorial misconduct exists when ordering discharge of a wrongfully convicted and incarcerated person in appeals, motions for appropriate relief, habeas corpus, or Innocence Inquiry Commission cases.

  • Mandates courts and the Innocence Inquiry Commission refer findings of prosecutorial misconduct that may have proximately caused wrongful conviction to the North Carolina State Bar and Attorney General for investigation and possible prosecution.

  • Directs the Attorney General to investigate referrals and determine whether to seek grand jury indictment for the offense of prosecutorial misconduct.

  • Requires the North Carolina State Bar to initiate investigations into any attorney found to have committed prosecutorial misconduct under the new Article 102 provisions.

  • Appropriates $10,000 to the North Carolina State Bar for fiscal year 2016-2017 to cover costs of prosecutorial misconduct investigations; effective December 1, 2016 for applicable cases.

Legislative Description

Innocent Defendant Jailed/DA Wrongdoing

Last Action

Ref To Com On Judiciary IV

5/11/2016

Committee Referrals

Judiciary IV5/11/2016

Full Bill Text

No bill text available