North Carolina 2019-2020 Session Status: Passed Senate 2 R cosponsors

SB 425 — Clarify DNA Result Would Have Changed Verdict.

Last action — Reptd Fav Com Substitute

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

This bill died with 2019-2020 Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

15 added · 29 removed

Plain-language change summary

The recent amendments to Bill SB 425 clarify the criteria under which a court should grant DNA testing in cases where a defendant claims innocence. Specifically, the changes remove the requirement that the DNA test must directly support the defendant's innocence claim, and instead focus on whether the test could have led to a different verdict. This shift is significant because it broadens the possibility for defendants to access DNA testing that could potentially exonerate them, making it easier for those who might have been wrongfully convicted to seek justice.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 2 SENATE BILL 425 Second Edition Engrossed 5/8/19 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 S 1 SENATE BILL 425 Short Title:
Rules and Operations of the Senate April 1, 2019 A BILL TO BE ENTITLED AN ACT TO CLARIFY THAT FOR A JUDGE TO GRANT POSTCONVICTION DNA TESTING THE JUDGE MUST DETERMINE THAT A FAVORABLE RESULT FROM THE REQUESTED DNA TEST WOULD SUPPORT THE DEFENDANT'S INNOCENCE CLAIM AND TO MODIFY WHICH JUDGE SHALL HEAR CERTAIN MOTIONS FOR APPROPRIATE RELIEF AFTER A CLAIM OF INNOCENCE IS DENIED BY A THREE-JUDGE PANEL.
Rules and Operations of the Senate April 1, 2019 A BILL TO BE ENTITLED AN ACT TO CLARIFY THAT FOR A JUDGE TO GRANT POSTCONVICTION DNA TESTING THE JUDGE MUST DETERMINE THAT A FAVORABLE RESULT FROM THEREQUESTEDDNATESTWOULDHAVE REASONABLY LEDTOADIFFERENT VERDICT IN THE DEFENDANT'S CASE.
(2) If the DNA testing being requested had been conducted on the evidence, there exists a reasonable probability that the verdict would have been more favorable to the defendant;
(2) If the DNA testing being requested had been conducted on the evidence, evidence with favorable results, there exists a reasonable probability that the verdict would have been more favorable to the defendant;
andevidence with favorable results, those results would give support to the defendant's innocence claim.
anddifferent.
G.S.
This act is effective when it becomes law.
15A-1469(h) reads as rewritten:
*S425-v-1*
"(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." SECTION 3.
Section 2 of this act becomes effective December 1, 2019, and applies to offenses committed on or after that date.
The remainder of this act is effective when it becomes law.
*S425-v-2*
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Action History

  1. Reptd Fav Com Substitute

  2. Re-ref Com On Rules, Calendar, and Operations of the House

  3. Withdrawn From Com

  4. Re-ref to the Com on Judiciary, if favorable, Rules, Calendar, and Operations of the House

  5. Passed 1st Reading

  6. Ref To Com On Rules, Calendar, and Operations of the House

  7. Amend Adopted A3

  8. Passed 3rd Reading

  9. Engrossed

  10. Special Message Sent To House

  11. Special Message Received From Senate

  12. Withdrawn From Cal

  13. Placed On Cal For 05/08/2019

  14. Amendment Withdrawn A1

  15. Amend Adopted A2

  16. Passed 2nd Reading

  17. Reptd Fav

  18. Reptd Fav

  19. Re-ref Com On Rules and Operations of the Senate

  20. Withdrawn From Com

  21. Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate

  22. Passed 1st Reading

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

  24. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 1 co-sponsors · 176 not signed on

Sponsors (2)

Co-sponsors (1)

Not signed on (176)

176 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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Amendment 3

Passed 45 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 8000
Unaffiliated 25004
Republican 12001
Total 45005
% of votes cast 90%0%0%10%
How each member voted (50)
Member Party Vote
deViere — Yea
Fitch — Yea
Marcus — Yea
McKissick — Yea
Nickel — Yea
Peterson — Yea
Searcy — Yea
VanDuyn — Yea
Woodard — Yea
Ballard — Yea
Bishop — Yea
Brown — Yea
J. Davis — Yea
Gallimore — Yea
Gunn — Yea
Horner — Yea
Johnson — Yea
Krawiec — Yea
Newton — Yea
Perry — Yea
Steinburg — Yea
Tillman — Yea
Wells — Yea
Foushee — Not Voting
Smith — Not Voting
Edwards — Not Voting
Harrington — Not Voting
D. Davis — Yea
J. Jackson — Yea
Dan Blue Democratic Yea
Gladys A. Robinson Democratic Yea
Jay J. Chaudhuri Democratic Yea
Joyce Waddell Democratic Yea
Michael Garrett Democratic Yea
Mujtaba A. Mohammed Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Tracy Clark Democratic Yea
Bill Rabon Republican Yea
Brent Jackson Republican Yea
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Yea
Jim Burgin Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Not Voting
Ralph Hise Republican Yea
Tom McInnis Republican Yea
Vickie Sawyer Republican Yea
W. Ted Alexander Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

Third Reading

Passed 45 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 8000
Unaffiliated 25004
Republican 12001
Total 45005
% of votes cast 90%0%0%10%
How each member voted (50)
Member Party Vote
deViere — Yea
Fitch — Yea
Marcus — Yea
McKissick — Yea
Nickel — Yea
Peterson — Yea
Searcy — Yea
VanDuyn — Yea
Woodard — Yea
Ballard — Yea
Bishop — Yea
Brown — Yea
J. Davis — Yea
Gallimore — Yea
Gunn — Yea
Horner — Yea
Johnson — Yea
Krawiec — Yea
Newton — Yea
Perry — Yea
Steinburg — Yea
Tillman — Yea
Wells — Yea
Foushee — Not Voting
Smith — Not Voting
Edwards — Not Voting
Harrington — Not Voting
D. Davis — Yea
J. Jackson — Yea
Dan Blue Democratic Yea
Gladys A. Robinson Democratic Yea
Jay J. Chaudhuri Democratic Yea
Joyce Waddell Democratic Yea
Michael Garrett Democratic Yea
Mujtaba A. Mohammed Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Tracy Clark Democratic Yea
Bill Rabon Republican Yea
Brent Jackson Republican Yea
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Yea
Jim Burgin Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Not Voting
Ralph Hise Republican Yea
Tom McInnis Republican Yea
Vickie Sawyer Republican Yea
W. Ted Alexander Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

Who sponsors SB 425?
SB 425 is sponsored by McKissick, Danny Earl Britt, Jr. (Republican), and Warren Daniel (Republican).
What is the current status of SB 425?
This bill died with 2019-2020 Session. It reached “Passed Senate” 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 425?
Track SB 425 free on One Click Politics — get push/email alerts when it moves.

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