GENERAL ASSEMBLY OF NORTH CAROLINA
1997 SESSION
SESSION LAW 1997-388
The General Assembly of North Carolina enacts:
Section 1. G.S. 148-82 reads as rewritten:
"§ 148-82. Provision for compensation.
Any person who, having been convicted of a felony and
having been imprisoned therefor in a State prison of this State, and who was
thereafter or who shall hereafter be pardoned granted a pardon
of innocence by the Governor upon the grounds that the crime with which he
the person was charged either was not committed at all or was not
committed by him, that person, may as hereinafter provided
present by petition a claim against the State for the pecuniary loss sustained
by him the person through his or her erroneous conviction
and imprisonment. imprisonment, provided the petition is presented
within five years of the granting of the pardon."
Section 2. G.S. 148-83 reads as rewritten:
"§ 148-83. Form, requisites and contents of petition; nature of hearing.
Such petition shall be addressed to the Department of
Correction, Industrial Commission, and must include a full statement
of the facts upon which the claim is based, verified in the manner provided for
verifying complaints in civil actions, and it may be supported by affidavits
substantiating such claim. Upon its presentation the Department of
Correction Industrial Commission shall fix a time and a place for a
hearing, and shall mail notice to the claimant, and shall notify the Attorney
General, at least 15 days before the time fixed therefor."
Section 3. G.S. 148-84 reads as rewritten:
"§ 148-84.
Evidence; action by Parole Industrial Commission; payment and
amount of compensation.
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 Parole Industrial Commission finds from the
evidence that the claimant was pardoned received a pardon of
innocence for the reason that the crime was not committed at all, or was
not committed by the claimant, and that the claimant was imprisoned and has
been vindicated in connection with the alleged offense for which he or she was
imprisoned; and that he has sustained pecuniary loss through such erroneous
conviction and imprisonment, the Parole Commission shall report the facts,
together with his [its] conclusions and recommendations to the Governor, and
the Governor, with the approval of the Council of State, may pay to the
claimant imprisoned, the Industrial Commission shall determine the
amount the claimant is entitled to be paid for the claimant's pecuniary loss
and shall enter an award for that amount. 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 fund, such amounts
as may partially compensate the claimant for such pecuniary loss as he may be
found to have suffered by reason of his erroneous conviction and imprisonment,
such compensation not to be in excess of five hundred dollars ($500.00) funds.
The Industrial Commission shall award to the claimant an amount equal to ten
thousand dollars ($10,000) for each year or the pro rata amount for the portion
of each year of such the imprisonment actually served; and
served, but in no event shall such the compensation
exceed a total amount of five thousand dollars ($5,000). one hundred
fifty thousand dollars ($150,000). 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. G.S. 105-134.6(b) is amended by adding a new subdivision to read:
"(14) The amount paid to the taxpayer by the State under G.S. 148-84 as compensation for pecuniary loss suffered by reason of erroneous conviction and imprisonment."
Section 5. Section 4 of this act is effective for taxable years beginning on or after January 1, 1997. The remainder of this act is effective when it becomes law and applies to persons pardoned on or after July 1, 1995.
In the General Assembly read three times and ratified this the 6th day of August, 1997.
Approved 8:45 a.m. this 13th day of August, 1997