Five Proposals to Revise North Carolina's Open File Discovery
SESSION 2007
| Short Title: Discovery/DA Work Product & Confid. Informant. | (Public) | |
| Sponsors: | Senators Rand; and Jones. | |
| Referred to: | Judiciary I (Civil). | |
March 21, 2007
A BILL TO BE ENTITLED
AN ACT to clarify that the state is not required to disclose the identity of a confidential informant in a criminal case unless disclosure is otherwise required by law, and to protect the work product of prosecutors.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 15A‑904 reads as rewritten:
"§ 15A‑904. Disclosure by the State – Certain information not subject to disclosure.
(a) The State is not required to disclose written materials drafted by the prosecuting attorney or the prosecuting attorney's legal staff for their own use at trial, including witness examinations, voir dire questions, opening statements, and closing arguments. Disclosure is also not required of legal research or of records, correspondence, reports, memoranda, or trial preparation interview notes prepared by the prosecuting attorney or by members of the prosecuting attorney's legal staff to the extent they contain the opinions, theories, strategies, or conclusions of the prosecuting attorney or the prosecuting attorney's legal staff.
(a1) The State is not required to disclose the identity of a confidential informant unless the disclosure is otherwise required by law.
(b) Nothing in this section prohibits the State from making voluntary disclosures in the interest of justice nor prohibits a court from finding that the protections of this section have been waived.
(c) This section shall have no effect on the State's duty to comply with federal or State constitutional disclosure requirements."
SECTION 2. This act is effective when it becomes law and applies to pending cases.
Status:
History  | ||
| Date | Action | |
|---|---|---|
| 03/20/2007 | [S] | Filed |
| 03/21/2007 | [S] | Ref To Com On Judiciary I (Civil) |
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| Short Title: Discovery/DA Work Product & Confid. Informant. | (Public) | |
| Sponsors: | Representatives R. Warren, Spear (Primary Sponsors); Brown, Church, and Faison. | |
| Referred to: | Judiciary II. | |
March 15, 2007
A BILL TO BE ENTITLED
AN ACT to clarify that the state is not required to disclose the identity of a confidential informant in a criminal case unless disclosure is otherwise required by law, and to protect the work product of prosecutors.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 15A‑904 reads as rewritten:
"§ 15A‑904. Disclosure by the State – Certain information not subject to disclosure.
(a) The State is not required to disclose written materials drafted by the prosecuting attorney or the prosecuting attorney's legal staff for their own use at trial, including witness examinations, voir dire questions, opening statements, and closing arguments. Disclosure is also not required of legal research or of records, correspondence, reports, memoranda, or trial preparation interview notes prepared by the prosecuting attorney or by members of the prosecuting attorney's legal staff to the extent they contain the opinions, theories, strategies, or conclusions of the prosecuting attorney or the prosecuting attorney's legal staff.
(a1) The State is not required to disclose the identity of a confidential informant unless the disclosure is otherwise required by law.
(b) Nothing in this section prohibits the State from making voluntary disclosures in the interest of justice nor prohibits a court from finding that the protections of this section have been waived.
(c) This section shall have no effect on the State's duty to comply with federal or State constitutional disclosure requirements."
SECTION 2. This act is effective when it becomes law and applies to pending cases.
Status:
| History | ||
| Date | Action | |
|---|---|---|
| [H] | Passed 1st Reading | |
| 03/15/2007 | [H] | Ref To Com On Judiciary II |
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| Short Title: Open Discovery/Access to Officers' Notes. | (Public) | |
| Sponsors: | Senator Clodfelter. | |
| Referred to: | Judiciary I (Civil). | |
March 22, 2007
A BILL TO BE ENTITLED
AN ACT clarifying that defendants must have access to all law enforcement notes in the open discovery process.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 15A‑903(a)(1) reads as rewritten:
"(1) Make available to the defendant the complete files of all law enforcement and prosecutorial agencies involved in the investigation of the crimes committed or the prosecution of the defendant. The term "file" includes the defendant's statements, the codefendants' statements, witness statements, investigating officers' notes, results of tests and examinations, or any other matter or evidence obtained during the investigation of the offenses alleged to have been committed by the defendant. The term "officer note" includes any handwritten note taken by the officer in the investigation of offenses alleged to have been committed by the defendant. Oral statements shall be in written or recorded form. The defendant shall have the right to inspect and copy or photograph any materials contained therein and, under appropriate safeguards, to inspect, examine, and test any physical evidence or sample contained therein."
SECTION 2. G.S. 15A‑910(a) reads as rewritten:
"(a) If at any time during the course of the proceedings the court determines that a party has failed to comply with this Article or with an order issued pursuant to this Article, the court in addition to exercising its contempt powers maymay:
(1) Order the party to permit the discovery or inspection, orinspection.
(2) Grant a continuance or recess, orrecess.
(3) Prohibit the party from introducing evidence not disclosed, ordisclosed, and if the evidence is a police officer's testimony the court may disallow material uncorroborated by personal contemporaneous officer's notes and contradicting the contemporaneous notes of other officers.
(3a) Declare a mistrial, ormistrial.
(3b) Dismiss the charge, with or without prejudice, orprejudice.
(4) Enter other appropriate orders."
SECTION 3. This act becomes effective October 1, 2007.
Status:
| History | ||
| Date | Action | |
|---|---|---|
| 03/20/2007 | [S] | Filed |
| 03/22/2007 | [S] | Ref To Com On Judiciary I (Civil) |
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| Short Title: LEO Provide Info to DA for Discovery. | (Public) | |
| Sponsors: | Representatives Earle, Glazier, Harrison, Parmon (Primary Sponsors); Alexander, Brown, Cunningham, Hall, Insko, Lucas, Luebke, Wainwright, and Weiss. | |
| Referred to: | Judiciary II. | |
March 15, 2007
A BILL TO BE ENTITLED
AN ACT to ensure district attorneys receive all necessary information from law enforcement agencies as recommended by the House interim study committee on capital punishment.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 15A‑903 reads as rewritten:
"§ 15A‑903. Disclosure of evidence by the State – Information subject to disclosure.
(a) Upon motion of the defendant, the court must order the State to:
(1) Make available to the defendant the complete files of all law enforcement and prosecutorial agencies involved in the investigation of the crimes committed or the prosecution of the defendant. The term "file" includes the defendant's statements, the codefendants' statements, witness statements, investigating officers' notes, results of tests and examinations, or any other matter or evidence obtained during the investigation of the offenses alleged to have been committed by the defendant. Oral statements shall be in written or recorded form. The defendant shall have the right to inspect and copy or photograph any materials contained therein and, under appropriate safeguards, to inspect, examine, and test any physical evidence or sample contained therein.
(2) Give notice to the defendant of any expert witnesses that the State reasonably expects to call as a witness at trial. Each such witness shall prepare, and the State shall furnish to the defendant, a report of the results of any examinations or tests conducted by the expert. The State shall also furnish to the defendant the expert's curriculum vitae, the expert's opinion, and the underlying basis for that opinion. The State shall give the notice and furnish the materials required by this subsection within a reasonable time prior to trial, as specified by the court.
(3) Give the defendant, at the beginning of jury selection, a written list of the names of all other witnesses whom the State reasonably expects to call during the trial. Names of witnesses shall not be subject to disclosure if the State certifies in writing and under seal to the court that to do so may subject the witnesses or others to physical or substantial economic harm or coercion, or that there is other particularized, compelling need not to disclose. If there are witnesses that the State did not reasonably expect to call at the time of the provision of the witness list, and as a result are not listed, the court upon a good faith showing shall allow the witnesses to be called. Additionally, in the interest of justice, the court may in its discretion permit any undisclosed witness to testify.
(b) If the State voluntarily provides disclosure under G.S. 15A‑902(a), the disclosure shall be to the same extent as required by subsection (a) of this section.
(c) A law enforcement agency shall make available to the State the complete files related to the investigation of the crimes committed or the prosecution of the defendant for compliance with this section and any disclosure under G.S. 15A‑902(a)."
SECTION 2. This act becomes effective December 1, 2007, and applies to cases where the trial date set pursuant to G.S. 7A‑49.4 is on or after that date.
Status:
| History | ||
| Date | Action | |
|---|---|---|
| 03/14/2007 | [H] | Filed |
| 03/15/2007 | [H] | Passed 1st Reading |
| 03/15/2007 | [H] | Ref To Com On Judiciary II |
| 05/02/2007 | [H] | Reptd Fav |
| 05/02/2007 | [H] | Cal Pursuant Rule 36(b) |
| 05/03/2007 | [H] | Placed On Cal For 5/7/2007 |
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| Short Title: Broaden Open Discovery. | (Public) | |
| Sponsors: | Senator Clodfelter. | |
| Referred to: | Judiciary I (Civil). | |
March 22, 2007
A BILL TO BE ENTITLED
AN ACT clarifying that defendants must have access to the complete files of all law enforcement and prosecutorial agencies in the open discovery process.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 15A‑903(a)(1) reads as rewritten:
"(1) Make available to the defendant the complete files of all law enforcement and prosecutorial agencies involved in the investigation of the crimes committed or the prosecution of the defendant. The term "file" includes the defendant's statements, the codefendants' statements, witness statements, investigating officers' notes, results of tests and examinations, or any other matter or evidence obtained during the investigation of the offenses alleged to have been committed by the defendant. The term "prosecutorial agency" includes any public or private entity that obtains information on behalf of a law enforcement agency or prosecutor in connection with the prosecution of the defendant. Oral statements shall be in written or recorded form. The defendant shall have the right to inspect and copy or photograph any materials contained therein and, under appropriate safeguards, to inspect, examine, and test any physical evidence or sample contained therein."
SECTION 2. This act becomes effective October 1, 2007.
Status:
| History | ||
| Date | Action | |
|---|---|---|
| 03/20/2007 | [S] | Filed |
| 03/22/2007 | [S] | Ref To Com On Judiciary I (Civil) |
RSS Feed For Updates: Click Here.
1 comment:
This is something everyone should be concerned about. This is one of those "this could happen to you" issues.
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