HB 511 — North Carolina First Step Act.

– In the North Carolina National Guard, not in the service of the United States, presidents of courts-martial military judges and summary court officers shall have the power tofollowing powers:

(1) To issue warrants to arrest an accused person and to bring the person before a court for trial whenever the person has disobeyed an order in writing from the conveningauthorityto appearbeforethe court, courtafter acopyofthecharge or charges having had been delivered to the accused person with the order,order.

(2) and to To issue subpoenas and subpoenas duces tecum,tecum.

(3) and to To enforce by attachment attendance of witnesses and the production of books, papers, records records, and other articles subject to a subpoena duces tecum,tecum.

(4) and to Tosentence forarefusal to beswornorto answeras providedin actions before civil courts.

The presiding officer shall also have has the power to punish for contempt occurring in the presence of the court.

(b) Subpoena Power of Counsel.

– The State's trial counsel and defense counsel have the subpoena power listed in subdivision (a)(2) of this section.

… "§ 127A-59.

Sentences.

When any sentence to fine or imprisonment is imposed by any military court a court-martial of this State, it shall be the duty of the military judge, president of the court, judge or summary court officer, upon the approval of the court's findings and sentence, to shall make out enter and sign a certificate entitling the case, giving the name of the accused, the date and place of trial, the date of approval of sentence, and the terms of the sentence.

The State's trial counsel shall deliver the certificate to the Clerk of the Superior Court of Wake County, and it shall thereupon be the duty of the clerk to take the actions necessary to shall carry the sentence into execution in the same manner as prescribed by law for the collection of fines, fines or commitment to service of terms of imprisonment, imprisonment in criminal cases determined in the courts of this State.

The Administrative Office of the Courts shall ensure that the State's criminal history records include pertinent information relating to a court-martial under this Chapter in a like manner as a comparable offense under the State's State criminal laws law would be recorded." "§ 127A-60.

Approval of sentence.Disqualification of convicted officer.

No sentence imposed by a special or general court-martial of the North Carolina National Guard, not in the service of the United States, shall be executed until approved by the Governor.

Any officer convicted by a general court-martial and dismissed from the service shall be forever disqualified from holding a commission in the militia.

… "§ 127A-62.

Appeals;

discretionary review.

Page 2 House Bill 511-First Edition General Assembly Of North Carolina Session 2019 (a) Jurisdiction.–Court-martialjudgmentswhichincludeasentenceto confinementshall have a right of appeal to the Wake County Superior Court.

The provisions of A court-martial's judgment or order may be appealed under this section to the Wake County Superior Court.

90-95(h)15A-1451 readsshall asapply rewritten:G.S.

"(h)15A-1431(f1) Notwithstandingapplies anyotherto provisionappeals ofunder law, the following provisions apply except as otherwise provided in this Article.section.

…(b) (5)Filing Except as provided in this subdivision, subdivision and subdivisionService. (5a), a person being sentenced under this subsection may not receive a suspended sentence or be placed on probation.

The– sentencingAn judgeappeal mayreduceunder the fine, or impose a prison term less than the applicable minimum prison term provided by this subsection,section ormust suspendshall thebe prisonmade termin imposedwriting and placefiled awith person on probation when such person has, to the bestClerk of hisSuperior theCourt person's knowledge, provided substantial assistance in the identification, arrest, or conviction of anyWake accomplices,County accessories,within co-conspirators,10 ordays principalsafter if the sentencingapproval judgeof enters in the recordsentence aby finding that the personGovernor. to be sentenced has rendered such substantial assistance.

(5a)court-martial Theenters judgethe sentencingjudgment aor personorder. for a violation of G.S.

90-95(h)A orcopy conspiracyof tothe commitpetition aappeal violationshall underbe G.S.filed with the military court and the military trial counsel of record.

90-95(i)court-martial may reduce the fine, or impose a prison term less than the applicable minimum prison term provided by this subsection, or suspend the prison term imposed and placeserved a person on probation if the sentencingopposing judgeparty. finds and enters in the record substantial and compelling reasons based on the nature of the crime, the history and character of the defendant, and the defendant's chances of rehabilitation, that imposition of the applicable minimum prison term would result in substantial injustice to the defendant and is not necessary for the protection of the public.

TheFor sentence modification authorized under this subdivision does not apply to a person the judgepurposes determines occupies a position of organizer, a supervisoryfiling position,fee, orthe anyappeal othershall positionbe oftreated management in a continuing criminal enterprise, as thatan termadministrative isappeal definedto inthe G.S.Superior Court.

90-95.1.(c) Assertion Defendant's Assertion of Errors.

The– sentenceAll modificationerrors, authorizedincluding, underbut thisnot subdivisionlimited isto, inthe additionfollowing, tomust anybe sentenceasserted modificationor authorizedshall underbe subdivisiondeemed (5)waived:The ofdefendant thismay subsection.assert the following errors on appeal:

*H511-v-2*(1) GeneralAny Assemblyerror Ofof Northlaw, Carolinaincluding Sessionthe 2019following: …." SECTION 3.

G.S.a.

90-95The iscourt amendederroneously byfailed addingto adismiss newthe subsectioncharge prior to read:the court-martial.

"(j)b. Beginning December 1, 2020, and annually thereafter, the Administrative Office of the Courts shall publish on its Web site a report on the number of sentences modified under G.S.

90-95(h)(5a)The incourt's ruling was contrary to law with regard to motions made before or during the priortrial calendaror year."with SECTIONregard 4.to the admission or exclusion of evidence.

Exceptc. as otherwise provided in this section, a person servingan active sentence imposed solely for a violation of G.S.

90-95(h)The orevidence, conspiracyat the close of all the evidence, was insufficient to commitjustify submission of the case to the court-martial panel, whether or not a violationmotion underso G.S.asserting was made before verdict.

90-95(i)d. committed before the effective date of this act may file a motion for appropriate relief in accordance with Article 89 of Chapter 15A of the General Statutes for a modification oftheperson's sentenceundertheauthoritygrantedin G.S.

90-95(h)(5a),asThe enactedcourt inerroneously Sectioninstructed 2the ofcourt-martial thispanel. act.

A(2) personThe sentencedverdict underis G.S.contrary to the weight of the evidence.

90-95(h)(5)(3) isFor ineligibleany toother filecause, athe motiondefendant fordid appropriatenot reliefreceive for a sentencefair modificationand underimpartial thistrial. section.

Notwithstanding(c1) anyState's provisionAssertion ofArticle89 of Chapter15AoftheGeneralErrors. Statutesto thecontrary, all ofthefollowing conditions apply to a motion for appropriate relief filed pursuant to this section:

(1)– ApersonseekingasentencemodificationunderthisUnless sectionmustthe fileamotionrule foragainst appropriatedouble reliefjeopardyprohibits withinfurther 36prosecution, monthsthe ofState themay effectiveassert datethe offollowing thiserrors act.on appeal:

(2)(1) The court shallerroneously requiredismissed the State to respond to a motioncharge. for appropriate relief filed pursuant to this section within 60 days of the date of the filing and shall hold any hearing deemed necessary by the court within 180 days of the date of the filing.

(3)(2) The court mayerroneously onlyexcluded modifyevidence athat sentencesubstantially underproves thisa sectionmaterial iffact. the court finds the requirements of G.S.

90-95(h)(5a)(c2) haveInterlocutory beenAppeal. met.

SECTION– 5.(a) The Departmentdefendant of Information Technology, Government Data Analytics Center, and the AdministrativeState Officehave of the Courts shall conduct a statewideright study to identifytheappeal criminalprior justiceto datatrial elementsan currentlycollectedorder andadmitting maintainedor byjails,excluding courts,evidence. and prisons.

TheIf purpose of the studyState isappeals (i)under tothis identifysubsection, gapsthe inState's datatrial andcounsel accessibilityshall ofcertify datato forthe researchcourt-martial purposesthat andthe forappeal useis bynot judicialtaken officials and other stakeholders and (ii) to identify solutions for improvingthe availabilitypurpose and accessibility of datadelay toand informthat publicthe policyevidence throughis anessential integratedto toolthe orcase. other system.

In… conducting(h) thisCounsel. study, the Department may seek input from local or regional detention facilityadministrators,theUniversityof North Carolina at Chapel Hill School of Government, the North Carolina Sentencing and Policy Commission, the North Carolina Sheriffs' Association, organizations concerned with criminal justice data, and any other stakeholders the Departments deem appropriate.

SECTION– 5.(b)(1) The studyStaff shallJudge examineAdvocate atof leastthe allNorth ofCarolina theNational followingGuard issues:shall:shall do the following:

(1)… (4) The dataAdjutant elementsGeneral, currentlyupon beingthe collectedrecommendation byof eachthe localStaff andJudge regionalAdvocate, detentionshall facilityplace withthe regarddesignated tojudge eachadvocates individualdescribed admittedin tothis jailsubsection andonto eachStateactivedutyfortheperiods facility'softimenecessaryforeithercounsel operationto (e.g.,provide admissions,adequate population,representation revenue,to costs),the andrespective theparties, currentif systemregularly forscheduled collecting,recording,unit maintaining,training andsearchingthesedataperiods elements.are insufficient.

(2) The dataStaff elementsJudge currentlyAdvocate beingshall collectedverify byto the courtsAdjutant withGeneral regardwhether toany individuals who have been charged with infractions or criminal offenses, including magistrates' records and information from the courtroom clerk such asadditional continuances,periods appearances,of andtime failuresare tonecessary. appear, and the current system for collecting, recording, maintaining, and searching these data elements.

(3)(i) TheDiscretionary dataReview. elements needed for policymakers to understand the criminal justice system, including the demographics, reasons for involvement, and outcomes for individuals involved in the system at the county and statewide levels.

(4)– AnyReview gapsof indecisions databy elementsthe andWake whetherCounty anySuperior dataCourt elementsshall thatbe are currentlypursuant collected are inaccessible or made difficult to accessG.S. or study because of certain aspects of data management and data entry, and specific actions to address those barriers to accessing and using data elements that are currently Page 2 House Bill 511-Second Edition General Assembly Of North Carolina Session 2019 collected such as standardization of data entry, use of unique identifiers, and avoiding overwriting of data elements.

(5)7A-31.1. Steps that would be necessary to create a statewide program to collect county-level criminal justice data to inform policymakers and other stakeholders, including solutions for integrating data from different systems including options for integrating data that currently are collected, as well as for addressing any data gaps identified, and options for making data elements available to judicial officials and other stakeholders, as well as for research purposes, in an open electronic format.

Any(j) recommendationsRules.–Therules shouldforpracticeandprocedureforreviewofcourts-martialbytheWake considerCounty anySuperior relatedCourt privacyshall orbe dataconsistent securitywith issues.those prescribed for review of administrative appeals by the Superior Court, except as modified by this section.

(6)"§ A127A-63. review of best practices of other states that collect local-level criminal justice data and integrate them with data from the court system and other state systems.

(7)Reserved Anyfor otherfuture relatedcodification issuespurposes. that the Department deems necessary.

SECTIONHouse 5.(c)Bill The511-First DepartmentEdition shallPage report3 findingsGeneral andAssembly recommendationsOf toNorth theCarolina JointSession Legislative2019 Oversight"Part Committee3. on Information Technology and the Joint Legislative Oversight Committee on Justice and Public Safety no later than March 15, 2020.

SECTION"National 5.(d)Guard ThisFamily sectionAssistance isCenters. effective when it becomes law.

...." SECTION 6.2.

SectionsThis 1, 2, 3, and 4 of this act becomebecomes effective December 1, 2019, and exceptapplies as otherwise provided in Section 4 of this act, apply to offenses committed on or after that date.

ExceptProsecutions asfor otherwiseoffenses provided,committed before the remaindereffective date of this act isare effectivenot whenabated itor becomesaffected law.by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.

Page 4 House Bill 511-Second511-First Edition Page 3