H216 Summary

• Establishes that defendants cannot be convicted or receive enhanced sentences based solely on uncorroborated testimony of in-custody informants (persons held in jail/prison who testify about defendant's statements).

• Requires courts to instruct juries to scrutinize in-custody informant testimony regarding reliability, including consideration of the informant's potential interests, any agreements with prosecutors, and circumstances of the defendant's statements.

• Mandates video recording of all in-custody informant interviews and requires district attorneys to establish policies for recording and maintaining central files on all informant contacts; recordings must be preserved for one year after completion of all appeals.

• Amends Innocence Inquiry Commission procedures to require the Director to provide case disposition memorandums to referring counsel when claims are closed prior to formal inquiry, and to provide full case files to district attorneys and defense counsel upon completion of formal inquiry.

• Directs the North Carolina Courts Commission to study the Innocence Inquiry Commission's role, procedures, and operations, with findings due to the 2018 General Assembly session.