A BILL TO BE ENTITLED
AN ACT TO modify laws relating to the north carolina innocence inquiry commission.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 92 of Chapter 15A of the General Statutes reads as rewritten:
"Article 92.
"North Carolina Innocence Inquiry Commission.
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"§ 15A‑1465.  Director and other staff.
(a)	The Commission shall employ a Director. The Director shall report to the Director of the Administrative Office of the Courts, who shall consult with the Commission chair. The Director shall be an attorney licensed to practice in North Carolina at the time of appointment and at all times during service as Director. The Director shall assist the Commission in developing rules and standards for cases accepted for review, coordinate investigation of cases accepted for review, maintain records for all case investigations, prepare reports outlining Commission investigations and recommendations to the trial court, and apply for and accept on behalf of the Commission any funds that may become available from government grants.
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"§ 15A‑1466.  Duties.
The Commission shall have the following duties and powers:
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(2)	To conduct inquiries into claims of factual innocence in which the convicted person is currently incarcerated solely for the crime for which he or she claims factual innocence.
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(6)	To apply for and accept any funds that may become available for the Commission's work from government grants.
"§ 15A‑1467.  Claims of innocence; waiver of convicted person's procedural safeguards and privileges; formal inquiry; notification of the crime victim.
(a)	A claim of factual innocence for any conviction may be referred to the Commission by any court, a State or local agency, or a claimant's counsel. A claim of factual innocence for convictions of homicide pursuant to Article 6 of Chapter 14 of the General Statutes, robbery pursuant to Article 17 of Chapter 14 of the General Statutes, any offense requiring registration pursuant to Article 27A of Chapter 14 of the General Statutes, and any Class A through E felony may be made directly by the claimant. The Commission shall not consider a claim of factual innocence if the convicted person is deceased or no longer incarcerated for the crime for which he or she claims factual innocence. A claimant who received notice pursuant to subsection (c1) of this section and did not make a claim of factual innocence shall be barred from investigation of a claim of factual innocence by the Commission absent a showing of good cause and approval of the Commission Chair. The determination of whether to grant a formal inquiry regarding any other claim of factual innocence is in the discretion of the Commission. The Commission may informally screen and dismiss a case summarily at its discretion.
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"§ 15A‑1468.  Commission proceedings.
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(a2)	The Innocence Inquiry Commission shall include, as part of its rules of operation, the holding of a prehearing conference to be held at least 90 days prior to any proceedings of the full Commission, or at any time during the formal inquiry when the Commission has developed credible evidence to support a claim. Only the following persons shall be notified and authorized to attend the prehearing conference: the District Attorney, or the District Attorney's designee, of the district where the claimant was convicted of the felony upon which the claim of factual innocence is based; the claimant's counsel, if any; the Chair of the Commission; the Executive Director of the Commission; and any Commission staff designated by the Director. The District Attorney, or designee, shall be provided a complete copy of the investigation, including but not limited to any evidence or testimony that may be presented to the Commission. At least 10 days prior to any Commission proceedings, the District Attorney or designee is authorized to provide the Commission with a written statement, which shall be part of the record. The Commission shall have an ongoing duty to provide any newly discovered evidence or testimony. This duty shall remain throughout the entire Commission proceeding and throughout any postcommission three‑judge panel proceeding ordered pursuant to G.S. 15A‑1469. Evidence or testimony not provided to the district attorney at least 10 days prior to the Commission hearing shall not be admissible at the hearing, absent good cause shown as determined by the Commission Chair.
(b)	The Director shall use all due diligence to notify the victim at least 90 days prior to any proceedings of the full Commission held in regard to the victim's case. The Commission shall notify the victim that the victim is permitted to attend proceedings otherwise closed to the public, subject to any limitations imposed by this Article. If the victim plans to attend proceedings otherwise closed to the public, the victim shall notify the Commission at least 10 days in advance of the proceedings of the victim's intent to attend.
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(d)	Evidence of criminal acts, professional misconduct, or other wrongdoing disclosed through formal inquiry or Commission proceedings shall be referred to the appropriate authority. Evidence favorable to the convicted person disclosed through formal inquiry or Commission proceedings shall be disclosed to each of the following:
(1)	The District Attorney of the district where the claimant was convicted of the felony upon which the claim of factual innocence is based, or the District Attorney's designee.
(2)	The convicted person.
(3)	The convicted person's counsel, if the convicted person has counsel.
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"§ 15A‑1469.  Postcommission three‑judge panel.
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(a1)	If the Commission concludes that there is credible evidence of prosecutorial misconduct by the current District Attorney of the district where the claimant was convicted of the felony upon which the claim of factual innocence is based, the Chair of the Commission may request pursuant to G.S. 7A‑64 the Director of the Administrative Office of the Courts to appoint a special prosecutor to represent the State in lieu of the district attorney of the district of conviction or the district attorney's designee. The request for the special prosecutor shall be made within 20 days of the filing of the Commission's opinion finding sufficient evidence of innocence to merit judicial review.
However, the Director of the Administrative Office of the Courts shall not appoint as special prosecutor any attorney who prosecuted or assisted with the prosecution in the trial of the convicted person. The appointment shall be made no later than 20 days after the receipt of the request.
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(d)	The three‑judge panel shall conduct an evidentiary hearing in accordance with the North Carolina Rules of Evidence. At the hearing, the court, and the defense and prosecution through the court, may compel the testimony of any witness, including the convicted person. All credible, verifiable evidence relevant to the case, even if considered by a jury or judge in a prior proceeding, may be presented during the hearing. The convicted person may not assert any privilege or prevent a witness from testifying. The convicted person has a right to be present at the evidentiary hearing and to be represented by counsel. A waiver of the right to be present shall be in writing. At least 10 days prior to the evidentiary hearing, the district attorney, defense counsel, and the Commission must provide to the other parties any evidence or testimony each intends to introduce at the evidentiary hearing. Any evidence or testimony not timely provided to the other parties shall not be admissible at the hearing, absent good cause shown as determined by the three‑judge panel.
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SECTION 2.  This act is effective when it becomes law and applies to proceedings held on or after that date.