A BILL TO BE ENTITLED
AN ACT to modify various statutory provisions regarding 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.
"§ 15A‑1460.  Definitions.
The following definitions apply in this Article:
(1)	"Claim of factual innocence" means a claim on behalf of a person convicted of a felony in the General Court of Justice of the State of North Carolina, asserting the complete innocence of any criminal responsibility for the felony for which the person was convicted, and for which there is some credible, verifiable evidence of innocence that has not previously been presented at trial or considered at a hearing granted through postconviction relief.
(1a)	"Claimant" means a person asserting that he or she is completely innocent of any criminal responsibility for a felony crime upon which the person was convicted.
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(3a)	"Formal inquiry" means the stage of an investigation when the Commission has entered into a signed agreement with the original claimant pursuant to 15A‑1467(b).
(4)	"Victim" means the victim of the crime, or if the victim of the crime is deceased, the next of kin of the victim, as defined in 15A‑830(a)(6).
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"§ 15A‑1463.  Membership; chair; meetings; quorum.
(a)	The Commission shall consist of eight voting members as follows:
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(6)	One shall be a sheriff.
(7)	The vocations of the two remaining appointed voting members shall be at the discretion of the Chief Justice.
The Chief Justice of the North Carolina Supreme Court shall make the initial appointment for members identified in subdivisions (4) through (6) of this subsection. The Chief Judge of the Court of Appeals shall make the initial appointment for members identified in subdivisions (1) through (3) of this subsection. After an appointee has served his or her first three‑year term, the subsequent appointment shall be by the Chief Justice or Chief Judge who did not make the previous appointment. Thereafter, the Chief Justice or Chief Judge shall rotate the appointing power, except for the two discretionary appointments identified by subdivision (7) of this subsection which shall be appointed by the Chief Justice.
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(c)	The superior court judge who is appointed as a member under subsection (a) of this section shall serve as Chair of the Commission. The Commission shall meet a minimum of once every six months and may also meet more often at the call of the Chair. At least one meeting a year will include a time for public comment, with public notice provided at least two weeks prior to the meeting. The Commission shall meet at such time and place as designated by the Chair. Public notice of the meetings shall be given at such time and manner as provided by the rules of the Commission. A majority of the members shall constitute a quorum. All Commission votes shall be by majority vote.
"§ 15A‑1464.  Terms of members; compensation; expenses.
(a)	All terms shall be for three years. Members of the Commission shall serve no more than two consecutive three‑year terms plus any initial term of less than three years. Unless provided otherwise by this act, all terms of members shall begin on January 1 and end on December 31.
Members serving by virtue of elective or appointive office may serve only so long as the officeholders hold those respective offices. The Chief Justice may remove members, with cause. Vacancies occurring before the expiration of a term shall be filled in the manner provided for the members first appointed.
(b)	The Commission members shall receive no salary for serving. All Commission members shall receive necessary subsistence and travel expenses in accordance with the provisions of G.S. 138‑5 and G.S. 138‑6, as applicable.
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"§ 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. 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. If a claim was referred by counsel and the claim is closed prior to formal inquiry, the Director shall provide referring counsel with its case disposition memorandum.
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(c2)	If a formal inquiry regarding a claim of factual innocence is granted, the Director shall provide a confidential case status update for each case in formal inquiry to (i) the District Attorney and (ii) the convicted person, or counsel, if any, at least once every six months. If there is no defense counsel, the update shall be provided to the District Attorney, the convicted person, and referring counsel, if any. The case status update shall include a complete summary of the actions taken since the last update, including all witness interviews and the results of all forensic testing that has been conducted, with the goal of encouraging cooperation pursuant to G.S. 15A‑1468(f).
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"§ 15A‑1468.  Commission proceedings.
(a)	At the completion of a formal inquiry, all relevant evidence shall be presented to the full Commission in a public hearing. Any public hearing held in accordance with this section shall be subject to the Commission's rules of operation. Public notice of the hearing shall be made by the Administrative Office of the Courts at least two weeks prior to the hearing. The Commission's rules of operation shall not exclude the district attorney or defense counsel from any portion of the hearing.
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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 10 days prior to any proceedings of the full Commission. 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 (i) an opportunity to inspect any evidence that may be presented to the Commission that has not previously been presented to any judicial officer or body and (ii) any information that the District Attorney, or the District Attorney's designee, deems relevant to the proceedings. At least 72 hours 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. A copy of the statement shall be provided to the claimant's counsel or to the claimant if the claimant does not have counsel.
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(c)	After hearing the evidence, the full Commission shall vote to establish further case disposition as provided by this subsection. All eight voting members of the Commission shall participate in that vote.
If five or more of the eight voting members of the Commission conclude there is sufficient evidence of factual innocence to merit judicial review, the case shall be referred to the senior resident superior court judge in the district of original jurisdiction by filing with the clerk of court the opinion of the Commission with supporting findings of fact, as well as the record in support of such opinion, with service on the convicted person or the convicted person's counsel, if any, and the district attorney in noncapital cases or service on both the district attorney and Attorney General in capital cases.
If less than five of the eight voting members of the Commission conclude there is sufficient evidence of factual innocence to merit judicial review, the Commission shall conclude there is insufficient evidence of factual innocence to merit judicial review. The Commission shall document that opinion, along with supporting findings of fact, and file those documents and supporting materials with the clerk of superior court in the district of original jurisdiction, with a copy to the convicted person or the convicted person's counsel, if any, the district attorney and the senior resident superior court judge.
The Director of the Commission shall use all due diligence to notify immediately the victim of the Commission's conclusion in a case.
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(g)	Except as otherwise provided in this section, all files and records not filed with the clerk of superior court or presented at the Commission hearings are confidential and exempt from the public record. If the Commission concludes there is sufficient evidence of factual innocence to merit judicial review, or the parties reach an agreement pursuant to subsection (f) of this section, the Commission shall make a copy of the entire file available to the district attorney and defense counsel. Upon availability, the Commission shall provide the district attorney and defense counsel a copy of the uncertified and certified transcript of the Commission's proceedings. Absent a judicial finding of malicious conduct, the Commission and Commission staff shall not be civilly liable for acting in compliance with this subsection.
(g1)	For formal inquiry cases which are not presented to the Commission, the Director shall provide a copy of the full case file, in accordance with G.S. 132‑1.4, G.S. 15A‑1415(f), and Article 48 of Chapter 15A of the General Statutes, to the district attorney and defense counsel when formal inquiry is completed.
	
"§ 15A‑1469.  Postcommission three‑judge panel.
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(b1)	The Commission's entire file, including files obtained from other agencies, shall be unencumbered by protective orders when transferred to the district attorney and defense counsel pursuant to G.S. 15A‑1468(g).

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(g1)	With respect to the evidence presented to the three‑judge panel, the district attorney and defense counsel may determine which evidence, if any, will be presented to the three‑judge panel.
(h)	The three‑judge panel shall rule as to whether the convicted person has proved by clear and convincing evidence that the convicted person is innocent of the charges. Such a determination shall require a unanimous vote. If the vote is unanimous, the panel shall enter dismissal of all or any of the charges. If the vote is not unanimous, the panel shall deny relief. If the claimant files a motion for appropriate relief pursuant to Article 89 of Chapter 15A of the General Statutes any time within a year of the denied relief, the motion shall be considered by the senior judge of the three‑judge panel.
(i)	A person who is determined by the three‑judge panel to be innocent of all charges and against whom the charges are dismissed pursuant to this section is eligible for compensation under Article 8 of Chapter 148 of the General Statutes without obtaining a pardon of innocence from the Governor.
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SECTION 2.  This act becomes effective December 1, 2019, and applies to offenses committed on or after that date.