North Carolina § 15A-1460 - Definitions.

§ 15A-1460. Definitions.

The following definitions apply in this Article: "Claim of factual innocence" means a claim on behalf of a living person convicted of a felony in the General Court of Justice of the State of North Carolina, asserting the complete innocence of any criminal responsibility for the felony for which the person was convicted and for any other reduced level of criminal responsibility relating to the crime, and for which there is some credible, verifiable evidence of innocence that has not previously been presented at trial or considered at a hearing granted through postconviction relief. "Claimant" means a person asserting that he or she is completely innocent of any criminal responsibility for a felony crime upon which the person was convicted and for any other reduced level of criminal responsibility relating to the crime. "Commission" means the North Carolina Innocence Inquiry Commission established by this Article. "Director" means the Director of the North Carolina Innocence Inquiry Commission. "Formal inquiry" means the stage of an investigation when the Commission has entered into a signed agreement with the original claimant and the Commission has made efforts to notify the victim. "Victim" means the victim of the crime, or if the victim of the crime is deceased, the next of kin of the victim. History (2006-184, s. 1; 2010-171, s. 5; 2012-7, s. 4; 2016-73, s. 1.) Cross References. - As to the duties of the State Judicial Council, see G.S. 7A-409.1 . Editor's Note. - The preamble to Session Laws 2006-184, provides: "Whereas, postconviction review of credible claims of factual innocence supported by verifiable evidence not previously presented at trial or at a hearing granted through postconviction relief should be addressed expeditiously to ensure the innocent as well as the guilty receive justice; and "Whereas, public confidence in the justice system is strengthened by thorough and timely inquiry into claims of factual innocence; and "Whereas, factual claims of innocence, which are determined to be credible, can most effectively and efficiently be evaluated through complete and independent investigation and review of the same; Now, therefore, The General Assembly of North Carolina enacts:" Session Laws 2016-73, s. 6, provides: "This act becomes effective August 1, 2016, and applies to any claim filed on or after that date and any claim pending on that date. However, nothing in this act shall abate a claim filed prior to that date or invalidate any action taken on a claim prior to that date." Effect of Amendments. - Session Laws 2012-7, s. 4, effective June 7, 2012, added subdivision (1a). Session Laws 2016-73, s. 1, added subdivision (3a). See editor's note for effective date and applicability. Legal Periodicals. - For note, "All Eyes on Us: A Comparative Critique of the North Carolina Innocence Inquiry Commission," see 56 Duke L.J. 1345 (2007). For article, "Requiring a Jury Vote of Censure to Convict," see 88 N.C.L. Rev. 137 (2009). For article, "Innocence Modified," see 89 N.C. L. Rev. 1083 (2011). For article, "North Carolina Innocence Inquiry Commission: An Institutional Remedy for Actual Innocence and Wrongful Convictions," see 38 N.C. Cent. L. Rev. 142 (2016). For article, "N.C. Innocence Inquiry Commission's First Decade: Impressive Successes and Lessons Learned," see 94 N.C.L. Rev. 1725 (2016).