GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 451*

Short Title:  Compensate Erroneously Convicted.	(Public)

─────────────────────────────────────── 
Sponsors: Senator Ballance.

─────────────────────────────────────── 
Referred to:  Judiciary.

─────────────────────────────────────── 

March 24, 1997

A BILL TO BE ENTITLED
AN ACT TO INCREASE THE COMPENSATION PROVIDED TO PERSONS ERRONEOUSLY CONVICTED OF FELONIES, TO PROVIDE FOR THE INDUSTRIAL COMMISSION TO HANDLE THE CLAIMS OF THOSE PERSONS, AND TO PROVIDE THAT THOSE CLAIMS MUST BE BROUGHT WITHIN FIVE YEARS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 148-82 reads as rewritten:
"§ 148-82.  Provision for compensation.
Any person who, having been convicted of a felony and having been imprisoned therefor in a State prison of this State, and who was thereafter or who shall hereafter be pardoned by the Governor upon the grounds that the crime with which the person was charged either was not committed at all or was not committed by that person, may as hereinafter provided present by petition a claim against the State for the pecuniary loss sustained by the person through his erroneous conviction and imprisonment, provided the petition is presented within five years of the granting of the pardon."
Section 2.  G.S. 148-83 reads as rewritten:
"§ 148-83.  Form, requisites and contents of petition; nature of hearing.
Such petition shall be addressed to the Industrial Commission, and must include a full statement of the facts upon which the claim is based, verified in the manner provided for verifying complaints in civil actions, and it may be supported by affidavits substantiating such claim. Upon its presentation the Industrial Commission shall fix a time and a place for a hearing, and shall mail notice to the claimant, and shall notify the Attorney General, at least 15 days before the time fixed therefor."
Section 3.  G.S. 148-84 reads as rewritten:
"§ 148-84.  Evidence; action by Industrial Commission; payment and amount of compensation.
At the hearing the claimant may introduce evidence in the form of affidavits to support the claim, and the Attorney General may introduce counter affidavits in refutation.  If the Industrial Commission finds from the evidence that the claimant was pardoned for the reason that the crime was not committed at all, or was not committed by the claimant, and that the claimant has been vindicated in connection with the alleged offense for which he was imprisoned; and that the claimant has sustained pecuniary loss through such erroneous conviction and imprisonment, the Industrial Commission shall report the facts, together with its conclusions and recommendations to the Governor, and the Governor, with the approval of the Council of State, may pay to the claimant out of the Contingency and Emergency Fund, or out of any other available State fund, such amounts as may partially compensate the claimant for such pecuniary loss as the claimant may be found to have suffered by reason of the erroneous conviction and imprisonment, such compensation not to be in excess of ten thousand dollars ($10,000) for each year or portion of a year of such imprisonment actually served; and in no event shall such compensation exceed a total amount of one hundred fifty thousand dollars ($150,000)."
Section 4.  This act is effective when it becomes law.