North Carolina 2017-2018 Session Status: In Committee Bipartisan · 3 D · 1 R cosponsors

SB 667 — Amend Various Innocence Commission Statutes.

Last action — Passed 1st Reading

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

435 added · 435 removed

Plain-language change summary

The recent amendment to Senate Bill 667 clarifies the process for handling claims of factual innocence in North Carolina. It specifies that if an appellate court chooses not to send a case back to the trial division for further evidence or proceedings, it can decide on the motion along with the appeal. This change is important because it streamlines the appeals process for those claiming they are wrongfully convicted, ensuring that their cases are handled more efficiently and can receive justice sooner.

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FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA Apr 4, 2017 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 1 SENATE BILL 667 Short Title:
667 SESSION 2017 PRINCIPAL CLERK S D SENATE BILL DRS35289-MS-112D (03/16) Short Title:
Senators Britt, McKissick, and Blue (Primary Sponsors).
Senators Britt, McKissick, Blue (Primary Sponsors);
Smith-Ingram, Van Duyn, and Waddell.
A BILL TO BE ENTITLED AN ACT TO CLARIFY THE DUTIES OF THE DIRECTOR OF THE INNOCENCE COMMISSION AND TO ENSURE ALL LANGUAGE AND TERMINOLOGY IS CONSISTENT WITHIN THE ARTICLE.
Rules and Operations of the Senate April 5, 2017 A BILL TO BE ENTITLED AN ACT TO CLARIFY THE DUTIES OF THE DIRECTOR OF THE INNOCENCE COMMISSION AND TO ENSURE ALL LANGUAGE AND TERMINOLOGY IS CONSISTENT WITHIN THE ARTICLE.
(b) When a motion for appropriate relief is made in the appellate division, the appellate court must decide whether the motion may be determined on the basis of the materials before it,it or whether it is necessary to remand the case to the trial division for taking evidence or *DRS35289-MS-112D* General Assembly Of North Carolina Session 2017 conducting other proceedings, or, for claims of factual innocence, whether to refer the case for further investigation to the North Carolina Innocence Inquiry Commission established by Article 92 of Chapter 15A of the General Statutes.proceedings.
(b) When a motion for appropriate relief is made in the appellate division, the appellate court must decide whether the motion may be determined on the basis of the materials before *S667-v-1* General Assembly Of North Carolina Session 2017 it,it or whether it is necessary to remand the case to the trial division for taking evidence or conducting other proceedings, or, for claims of factual innocence, whether to refer the case for further investigation to the North Carolina Innocence Inquiry Commission established by Article 92 of Chapter 15A of the General Statutes.proceedings.
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 Page 2 DRS35289-MS-112D [v.2] (03/17) General Assembly Of North Carolina Session 2017 previous appointment.
After an appointee has served his or her first three-year term, Page 2 Senate Bill 667-First Edition General Assembly Of North Carolina Session 2017 the subsequent appointment shall be by the Chief Justice or Chief Judge who did not make the previous appointment.
(3) To coordinate the investigation of cases accepted for review.review, with priority to be given to those cases in which the convicted person is currently incarcerated solely for the crime for which the convicted person claims factual innocence.
(3) To coordinate the investigation of cases accepted for review.review, with priority to be given to those cases in which the convicted person is currently Senate Bill 667-First Edition Page 3 General Assembly Of North Carolina Session 2017 incarcerated solely for the crime for which the convicted person claims factual innocence.
DRS35289-MS-112D [v.2] (03/17) Page 3 General Assembly Of North Carolina Session 2017 (4) To maintain records for all case investigations.
(4) To maintain records for all case investigations.
(c1) Absent a showing of good cause and approval of the Commission chair,Chair, if a formal inquiry regarding a claim of factual innocence is granted, the CommissionDirector shall use all due diligence to notify each codefendant of the claim that an investigation will be conducted and that if the codefendant wishes to also file a claim, they must do so within 60 Page 4 DRS35289-MS-112D [v.2] (03/17) General Assembly Of North Carolina Session 2017 days from receipt of the notice or their claim may be barred from future investigation by the Commission.investigation.
(c1) Absent a showing of good cause and approval of the Commission chair,Chair, if a formal inquiry regarding a claim of factual innocence is granted, the CommissionDirector shall use all due diligence to notify each codefendant of the claim that an investigation will be Page 4 Senate Bill 667-First Edition General Assembly Of North Carolina Session 2017 conducted and that if the codefendant wishes to also file a claim, they must do so within 60 days from receipt of the notice or their claim may be barred from future investigation by the Commission.investigation.
The limited immunity granted under this section shall not prohibit prosecution of statements made under oath that are unrelated to the Commission's formal inquiry, false statements made under oath during proceedings under this Article, or prosecution for any other crimes.
The limited immunity granted under this section shall not prohibit prosecution of statements made under oath that are unrelated to the Commission's Senate Bill 667-First Edition Page 5 General Assembly Of North Carolina Session 2017 formal inquiry, false statements made under oath during proceedings under this Article, or prosecution for any other crimes.
DRS35289-MS-112D [v.2] (03/17) Page 5 General Assembly Of North Carolina Session 2017 (a2) The Innocence Inquiry Commission shall include, as part of its rules of operation, the holding of aA prehearing conference toshall be held at least 10 days prior to any proceedings ofa presentation of the case to the full Commission.
(a2) The Innocence Inquiry Commission shall include, as part of its rules of operation, the holding of aA prehearing conference toshall be held at least 10 days prior to any proceedings ofa presentation of the case to the full Commission.
Evidence favorable to the convicted person disclosed through formal inquiry or Commission proceedings shall be disclosed to the convicted person and the convicted person's counsel, if the convicted person has counsel.
Evidence favorable to the convicted person disclosed through formal inquiry or Page 6 Senate Bill 667-First Edition General Assembly Of North Carolina Session 2017 Commission proceedings shall be disclosed to the convicted person and the convicted person's counsel, if the convicted person has counsel.
Page 6 DRS35289-MS-112D [v.2] (03/17) General Assembly Of North Carolina Session 2017 (e) All proceedings of the Commission shall be recorded and transcribed as part of the record.
(e) All proceedings of the Commission shall be recorded and transcribed as part of the record.
Upon receipt of a request under this subsection to appoint a special prosecutor, the Attorney General may temporarily assign a district attorney, assistant district attorney, or other qualified attorney, to represent the State at the hearing before the three-judge panel.
Upon receipt of a request under this subsection to appoint a special prosecutor, the Attorney General may temporarily assign a district attorney, assistant district attorney, or other qualified Senate Bill 667-First Edition Page 7 General Assembly Of North Carolina Session 2017 attorney, to represent the State at the hearing before the three-judge panel.
However, the Attorney General shall not appoint as special prosecutor any attorney who prosecuted or DRS35289-MS-112D [v.2] (03/17) Page 7 General Assembly Of North Carolina Session 2017 assisted with the prosecution in the trial of the convicted person, or is a prosecuting attorney in the district where the convicted person was tried.
However, the Attorney General shall not appoint as special prosecutor any attorney who prosecuted or assisted with the prosecution in the trial of the convicted person, or is a prosecuting attorney in the district where the convicted person was tried.
(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 Page 8 DRS35289-MS-112D [v.2] (03/17) General Assembly Of North Carolina Session 2017 compensation under Article 8 of Chapter 148 of the General Statutes without obtaining a pardon of innocence from the Governor." SECTION 10.
Page 8 Senate Bill 667-First Edition General Assembly Of North Carolina Session 2017 (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." SECTION 10.
This exception does not amend, repeal, or supersede any other statute that requires a public hearing or other practice and procedure in a proceeding before such a public body.
This exception does not amend, repeal, or supersede any other statute that requires a public Senate Bill 667-First Edition Page 9 General Assembly Of North Carolina Session 2017 hearing or other practice and procedure in a proceeding before such a public body.
DRS35289-MS-112D [v.2] (03/17) Page 9 General Assembly Of North Carolina Session 2017 (7) Any public body subject to the State Budget Act, Chapter 143C of the General Statutes and exercising quasi-judicial functions, during a meeting or session held solely for the purpose of making a decision in an adjudicatory action or proceeding.
(7) Any public body subject to the State Budget Act, Chapter 143C of the General Statutes and exercising quasi-judicial functions, during a meeting or session held solely for the purpose of making a decision in an adjudicatory action or proceeding.
Page 10 DRS35289-MS-112D [v.2] (03/17)
Page 10 Senate Bill 667-First Edition
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Action History

  1. Passed 1st Reading

  2. Ref To Com On Rules and Operations of the Senate

  3. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 4 co-sponsors · 173 not signed on

Sponsors (2)

Co-sponsors (4)

Not signed on (173)

173 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 667?
SB 667 is sponsored by Van Duyn, McKissick, Danny Earl Britt, Jr. (Republican), Dan Blue (Democratic), Kandie D. Smith (Democratic), and Joyce Waddell (Democratic).
What is the current status of SB 667?
This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 667?
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