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NC H678

Bill

Status

Passed

6/30/2016

Primary Sponsor

Richard Glazier

Click for details

Origin

House of Representatives

2015-2016 Session

AI Summary

  • Allows claimants to directly file claims of factual innocence for homicide, robbery, sex offenses, and Class A through E felonies, rather than only through courts, agencies, or counsel.

  • Requires the Commission to obtain a signed waiver agreement from the convicted person before conducting forensic testing or interviews, and mandates forensic testing occur only after this agreement is executed.

  • Establishes mandatory public hearings before the full Commission at case completion and requires District Attorneys and defense counsel be permitted to attend all hearing portions; also creates mandatory pre-hearing conferences at least 10 days prior.

  • Requires confidential case status updates to be provided at least every six months to the District Attorney and convicted person (or counsel), including summaries of investigative actions and forensic testing results.

  • Allows the District Attorney and defense counsel to agree that sufficient evidence exists to bypass the eight-member panel and proceed directly to the three-judge panel review, and permits them to determine which evidence will be presented to that panel.

Legislative Description

Amend Innocence Commission Statutes

Last Action

Ch. SL 2016-73

6/30/2016

Committee Referrals

Judiciary I5/18/2016
Rules and Operations of the Senate8/4/2015
Judiciary I7/16/2015
Rules and Operations of the Senate4/30/2015
Judiciary I4/14/2015

Full Bill Text

No bill text available