H790 - Innocence Inquiry Commission Provisions. (SL 2023-74)

Overview: S.L. 2023-74 makes the following modifications related to the North Carolina Innocence Inquiry Commission (Commission):

• Allows the Commission to continue receiving private gifts and donations, and create a related reporting requirement to the General Assembly about these gifts and donations.
• Allows the Commission to continue reviews of any request for review of a case for factual innocence unless the person convicted is deceased with priority given to those where the convicted person is incarcerated solely for the crime for which the request is made.
• Requires a prehearing conference to be held at least 30 days prior to an evidentiary hearing or at any time if the Commission develops evidence of factual innocence.
• Establishes the procedure for the prehearing conference including the Commission providing its evidence and testimony to the claimant and the claimant's attorney, if any.
• Allows the district attorney to provide the Commission a written statement at least 10 days prior to a hearing.
• Requires the Administrative Office of the Courts to appoint a special prosecutor for the Commission hearing when there is evidence of prosecutorial misconduct.

S.L. 2023-74 also expands provisions surrounding the electronic recording of custodial interrogations in places of detention, requires the office of the district attorney be notified of any Combined DNA Index System (CODIS) matches, and requires the recording of law enforcement interviews with certain informants who are in custody.

Except as otherwise provided, this act became effective July 7, 2023.