GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 3
HOUSE BILL 216
Committee Substitute Favorable 3/28/17
Senate Judiciary Committee Substitute Adopted 6/20/17
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Short Title: Informant Statements/Innocence Comm'n Changes. |
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Sponsors: |
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Referred to: |
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March 2, 2017
A BILL TO BE ENTITLED
AN ACT to increase the reliability of in‑custody informant statements, to MAKE CHANGES TO THE INNOCENCE INQUIRY COMMISSION STATUTES, AND TO STUDY THE ROLE OF THE NORTH CAROLINA INNOCENCE INQUIRY COMMISSION.
The General Assembly of North Carolina enacts:
SECTION 1. Chapter 15A of the General Statutes is amended by adding a new Article to read:
"Article 54.
"Reliability of In‑Custody Informant Statements.
"§ 15A‑981. In‑custody informant statements.
(a) Definition. As used in this section, the term "in‑custody informant" means a person, other than a codefendant, accomplice, or co‑conspirator, whose testimony is based on statements allegedly made by the defendant while both the defendant and the informant were held within a city or county jail or a State correctional institution or otherwise confined, where statements relate to offenses that occurred outside of the confinement.
(b) Corroboration of In‑Custody Informant Testimony. A defendant shall not be convicted of an offense or receive an aggravated sentence if the only supporting evidence presented to a judge or jury is the uncorroborated testimony of an in‑custody informant. The additional evidence must include evidence other than the uncorroborated testimony of another in‑custody informant.
(c) Jury Instruction Regarding In‑Custody Informant Testimony. In any case in which in‑custody informant testimony is presented to the jury, the judge shall instruct the jury that the in‑custody informant's testimony must be scrutinized with regard to reliability and that, in considering the reliability of the in‑custody informant, the jury may consider any of the following:
(1) Whether the witness may have any interest in the outcome of the trial because of the witness's activities as an in‑custody informant.
(2) Whether the witness testified under an agreement with the prosecutor for any favorable treatment in exchange for the testimony.
(3) The circumstances under which the defendant's statements were made.
(d) Recording of In‑Custody Informant Interview. All interviews of in‑custody informants shall be recorded using a visual recording device that provides an authentic, accurate, unaltered, and uninterrupted record of the interview that clearly shows both the interviewer and the in‑custody informant. Failure to comply with this subsection shall not limit the introduction of any evidence other than the statement of the in‑custody informant.
(e) Policies and Procedures Governing the Recording and Use of Testimony. Each district attorney shall establish policies and procedures governing the recording and use of in‑custody informant testimony, including maintenance of a central file preserving all records relating to contacts with in‑custody informants, whether they are used as witnesses or not.
(f) Destruction or Modification of Recording After Appeals Exhausted. The State shall not destroy or alter any electronic recording of an in‑custody informant interview until one year after the completion of all State and federal appeals of the conviction, including the exhaustion of any appeal of any motion for appropriate relief or habeas corpus proceedings. Every electronic recording shall be clearly identified and catalogued by law enforcement personnel."
SECTION 2. G.S. 15A‑1467(a) reads as rewritten:
"§ 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. 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."
SECTION 3. G.S. 15A‑1468(g) reads as rewritten:
"(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.
(g1) If the Commission concludes there is sufficient
evidence of factual innocence to merit judicial review, the Commission 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(h), and Article 48 of Chapter 15A of the General
Statutes, to the district attorney and defense counsel when formal inquiry is
completed. For cases presented to the full commission after formal inquiry, the
Director shall make a copy of the entire case file available to the
district attorney and defense counsel. Upon availability, the Commission
shall provide the district attorney and defense counsel counsel, as well
as 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."
SECTION 4. The North Carolina Courts Commission, with input from the North Carolina Administrative Office of the Courts, the North Carolina Conference of District Attorneys, the North Carolina Sheriff's Association, and the North Carolina Office of Indigent Defense Services, shall conduct a study of the Innocence Inquiry Commission and shall look at the following issues:
(a) The role of the Director and the Commission in the following:
(1) Prioritizing claims of innocence with regard to persons currently incarcerated solely for the crime for which the convicted person is claiming innocence.
(2) Conducting inquiries into claims of factual innocence.
(3) Coordinating investigation of cases accepted for review.
(4) Preparing and presenting cases.
(5) Notifying the victim of the victim's rights.
(6) Notifying each codefendant of a claim.
(7) Producing a case disposition memorandum for a claim closed prior to a formal inquiry.
(8) Providing discovery to the district attorney and defense counsel once a formal inquiry is completed.
(b) Whether referral to the Innocence Inquiry Commission is an appropriate remedy available when a court grants a motion for appropriate relief.
(c) Whether the Innocence Inquiry Commission should be subject to statutes governing meetings of public bodies, including requirements pertaining to notice and limitations on closed sessions.
(d) The attendance of victims during Commission proceedings otherwise closed to the public.
The Commission shall report its findings and recommendations to the 2018 session of the 2017‑2018 General Assembly.
SECTION 5. Section 1 of this act becomes effective December 1, 2017, and applies to offenses committed on or after that date. The remainder of this act is effective when it becomes law, and Sections 2 and 3 apply to all cases under Article 92 of Chapter 15A of the General Statutes.