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NC H877

Bill

Status

Introduced

5/4/2021

Primary Sponsor

Jonathan Hardister

Click for details

Origin

House of Representatives

2021-2022 Session

AI Summary

  • Allows individuals convicted of a felony whose conviction was vacated to petition superior court to determine if the conviction was erroneous, defined as when no reasonable juror could find guilt beyond a reasonable doubt.

  • Requires that charges be dismissed or the state declare intent to dismiss charges before the court can determine whether a conviction was erroneous; motion is dismissed without prejudice if charges remain pending.

  • Establishes that petitioner must prove erroneous conviction by preponderance of evidence based on the record used by the vacating court, with the state estopped from challenging facts the vacating court relied upon.

  • Authorizes the Industrial Commission to award $50,000 per year of imprisonment actually served for individuals found to have been erroneously convicted, capped at a maximum of $750,000 total compensation.

  • Provides that awards be paid from the Contingency and Emergency Fund or other available state funds, with decisions subject to judicial review and appellate appeal.

Legislative Description

Fair Compensation for Exonerees

Public

Last Action

Ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House

5/5/2021

Committee Referrals

Judiciary II5/5/2021

Full Bill Text

No bill text available