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NC H609
Bill
Status
4/5/2017
Primary Sponsor
William Richardson
Click for details
AI Summary
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Removes automatic referral of factual innocence claims to the North Carolina Innocence Inquiry Commission from court motions for appropriate relief, allowing cases to be referred by courts, agencies, or directly by claimants for certain felony categories.
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Clarifies that the Director (not the Commission itself) has primary duties for screening cases, coordinating investigations, preparing cases for Commission consideration, and conducting inquiries, with the Director having discretion to dismiss cases summarily.
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Requires public notice of Commission meetings with scheduled opportunity for public comment, and mandates prehearing conferences at least 10 days before Commission proceedings with notification to district attorneys and defense counsel.
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Establishes that case file materials from formal inquiries not presented to the Commission must be provided to district attorneys and defense counsel per specific disclosure statutes, and requires written consent from claimants before biological material can be consumed in forensic or DNA testing.
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Removes the North Carolina Innocence Inquiry Commission from the state's open meetings law exceptions, making certain Commission proceedings subject to public access requirements, and makes the Act effective immediately upon enactment.
Legislative Description
Amend Various Innocence Commission Statutes
Last Action
Ref To Com On Judiciary I
4/10/2017