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, private gifts, donations, or devises from any source. The acceptance of private gifts, donations, and devises shall not create any obligation for the Commission. The Director shall report to the chairs of the Joint Legislative Oversight Committee on Justice and Public Safety no later than February 1 of each year; all funds received through private gifts, donations, or devises from any source other than the State of North Carolina, including detailed information on the source, amount received, stated purpose of the funds, how the funds were expended, and any balance on hand in the previous calendar year.
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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 30 days prior to any proceedings of the full Commission. The Commission may also call a prehearing conference at any time the Commission has developed credible evidence to support a claim of factual innocence. If a Commission hearing is continued for any reason, at least 10 days before the newly scheduled hearing there shall be a subsequent prehearing conference to discuss any newly developed evidence that was not previously provided. Only the following persons shall be notified and authorized to attend a 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, and the claimant's counsel shall be provided the ability to access, review, and inspect the Commission's entire case file at least 60 days prior to the Commission hearing. The Commission shall present and make available the information pursuant to this section in a reasonably organized manner that is not to be overly burdensome to the Commission, the district attorney, or the claimant's counsel. At least 10 days prior to a Commission hearing, 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 to the district attorney and the claimant's counsel until the hearing begins. Evidence not provided to the district attorney and the claimant's counsel in the initial release of information shall be provided at least 10 days prior to the Commission hearing. The Commission shall keep a clear record of which materials have been previously made available for review and inspection.
(b)	The Director shall use all due diligence to notify the victim at least 10 days prior to the initial prehearing conference required in subsection (a2) of this section 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. Nothing in this section prevents the Director from notifying the victim at an earlier date in the proceedings.
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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 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 convicted person, and 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 and the claimant's counsel must provide to the other parties any evidence each intends to introduce at the evidentiary hearing. Any evidence 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.