A BILL TO BE ENTITLED
AN ACT to allow individuals ERRONEOUSLY convicted of a felony to seek monetary compensation from the State.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 89 of Chapter 15A of the General Statutes is amended by adding a new section to read:
"§ 15A‑1423.  Review of compensation claims by individuals asserting an erroneous conviction and imprisonment after a vacated conviction.
(a)	Any person who, having been convicted of a felony and having been imprisoned therefor in a State prison of this State, and whose conviction is later vacated by an order of a State or federal court may file a petition in superior court to determine whether the petitioner's conviction was erroneous. If a conviction is vacated by the superior court, the judge that vacated the conviction subsequently may determine upon motion of the defendant whether the conviction was erroneous, but only if, (i) in addition to vacating the conviction, the court also dismissed all charges against the defendant or, (ii) after the motion is filed, the State dismisses or informs the court that it intends to dismiss the charges against the defendant. If the charges are still pending and the State does not dismiss or declare its intention to dismiss the charges, the court shall dismiss the motion without prejudice. A conviction was erroneous if no reasonable juror could find beyond a reasonable doubt that the petitioner committed the crime or crimes for which the petitioner was convicted, that the petitioner was an accessory or accomplice to the acts that were the basis of the conviction, or that the petitioner had any criminal culpability for any act that was the basis for the petitioner's conviction. A petitioner must demonstrate that the petitioner's conviction was erroneous by a preponderance of the evidence.
(b)	A hearing under subsection (a) of this section shall be based solely on the record relied upon by the State or federal court that vacated the petitioner's conviction, including all evidence, old and new, relevant to the culpability of the petitioner with respect to the crime or crimes for which the petitioner was convicted without regard to admissibility. The court, in its discretion, may expand the record upon a showing of good cause to consider new evidence that was not presented in prior proceedings or, if presented, its credibility was never determined because the evidence was not relied upon by the vacating court.
(c)	The petitioner's counsel may present arguments to the court in support of the petition based on the existing record. Counsel for the State may oppose the petition, but the facts on which the State or federal court relied in vacating the conviction are presumed correct and the State is estopped from challenging whether any of those facts are true.
(d)	After hearing arguments, the court shall enter an order determining whether the petitioner's conviction was erroneous.
(e)	The decision of the trial court under subsection (d) of this section shall be reviewable by an appeal of right to the appellate division as provided by G.S. 7A‑27 and G.S. 7A‑30."
SECTION 2.  G.S. 148‑82 is amended by adding a new subsection to read:
"(c)	Any person who, having been convicted of a felony and having been imprisoned therefor in a State prison of this State, and whose conviction is later vacated by an order of a State or federal court may as hereinafter provided present by petition a claim against the State for the pecuniary loss sustained by the person as a result of the person's erroneous conviction, provided that the criteria established by G.S. 15A‑1423 have been met."
SECTION 3.  G.S. 148‑84(a) reads as rewritten:
"(a)	At the hearing the claimant may introduce evidence in the form of affidavits or testimony to support the claim, and the Attorney General may introduce counter affidavits or testimony in refutation. If the Industrial Commission finds from the evidence that the claimant received a pardon of innocence for the reason that the crime was not committed at all, received a pardon of innocence for the reason that the crime was not committed by the claimant, received a court order under G.S. 15A‑1423(d) finding that the claimant was convicted erroneously, or that the claimant was determined to be innocent of all charges by a three‑judge panel under G.S. 15A‑1469 and also finds that the claimant was imprisoned and has been vindicated in connection with the alleged offense for which he or she was imprisoned, the Industrial Commission shall award to the claimant an amount equal to fifty thousand dollars ($50,000) for each year or the pro rata amount for the portion of each year of the imprisonment actually served, including any time spent awaiting trial. However, (i) in no event shall the compensation, including the compensation provided in subsection (c) of this section, exceed a total amount of seven hundred fifty thousand dollars ($750,000), and (ii) a claimant is not entitled to compensation for any portion of a prison sentence during which the claimant was also serving a concurrent sentence for conviction of a crime other than the one for which the pardon of innocence was granted.
The Director of the Budget shall pay the amount of the award to the claimant out of the Contingency and Emergency Fund, or out of any other available State funds. The Industrial Commission shall give written notice of its decision to all parties concerned. The determination of the Industrial Commission shall be subject to judicial review upon appeal of the claimant or the State according to the provisions and procedures set forth in Article 31 of Chapter 143 of the General Statutes."
SECTION 4.  This act is effective when it becomes law.