Bill Summaries: H1117 (2015-2016 Session)

Tracking:
  • Summary date: May 11 2016 - View summary

    Enacts new GS Chapter 15A, Article 102, Prosecutorial Misconduct Resulting in Unlawful Incarceration of Innocent Defendant, providing that the purpose of the Article is to require the reporting, investigation, and prosecution of prosecutorial misconduct in any case where (1) an individual is wrongly convicted and incarcerated but later is discharged due to a successful appeal, motion for appropriate relief, writ of habeas corpus, or the NC Innocence Inquiry Commission or (2) credible evidence exists of prosecutorial misconduct in the case that may have been the proximate cause of the wrongful conviction.  Defines misconduct as the intentional or reckless disregard of an obligation or standard imposed by law, rule of professional conduct, or department regulation or policy. Directs the court, in times where the above criteria are met, to make a finding as to whether there is credible evidence of prosecutorial misconduct. If such evidence exists and it is determined that it may have proximately caused the wrongful conviction, then the court must refer its finding to the NC State Bar and the Attorney General for investigation, possible prosecution of the attorney, or both. Includes similar language for when the NC Innocence Inquiry Commission concludes the same regarding credible evidence of prosecutorial misconduct. Requires the Attorney General, upon receipt of the credible evidence from the court or commission, to conduct an investigation to determine whether a bill of indictment for prosecutorial misconduct should be submitted to the grand jury.

    Amends GS 84-28 concerning discipline and disbarment for attorneys admitted to practice in North Carolina, creating a new subsection (f1) which requires the NC State Bar to initiate an investigation into any practicing attorney that is the subject of a finding of prosecutorial misconduct and has been referred to the NC State bar pursuant to GS Chapter 15A, Article 102, the new article above.  

    Appropriates $10,000 from the General Fund to the NC State Bar for the 2016-17 fiscal year to assist with the costs of investigations into alleged prosecutorial misconduct. Effective July 1, 2016.

    Effective December 1, 2016, applying to appeals, motions for appropriate relief, and writs of habeas corpus filed on or after that date, as well as to claims of factual innocence referred to the NC Innocence Inquiry Commission on or after that date.