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House | May 11, 2016 | Chamber | House Session Judiciary

Full MP3 Audio File

Have a number of pages. And we're delighted to have you. If you wouldn't mind and stand up, identify yourself, where you go to high school and your age. [BLANK_AUDIO] >> I'm Kimball Warfle and I'm 14 years old. And I'm in [INAUDIBLE]>> What county is that? >> [INAUDIBLE] >> Alabama, okay. Stanley county. >> [INAUDIBLE] >> We're delighted to have you with us today. If we have Bill Riley, Jim Olsen and Barry Moore looking at after us in event there's inner need. Our first bill we're gonna talk up is house bill 958. Representative Pittman and Frailly if you would come up please. And while you come up I would like the staff to review the bill and explain the bill to the members. [INAUDIBLE] would add a new offense, class B2 felony for what he's justifying here, voting a new felony, class B felony or aggravated [INAUDIBLE] [INAUDIBLE] Serious injury [INAUDIBLE] at least you have a simple [INAUDIBLE] >> You want that first. >> Thank you Mr.Chairman. Ladies and and Gentlemen the raiser for this bill, we had a young lady, one of my constituents named Shayan Marshall who was a knee board at Lake Norman, just having fun with her family, July 4th of last year and was stripped by a boater who was drunk. And was killed in a horrific way. And the family came to me in August and told me that they had looked into things and looked at the penalties for this was just way low compared to death by impaired driving or injury by impaired driving. And so I got with the staff and we worked on a bill that basically equalizes the two, I mean if you are severely injured or killed by either a drunk driver or a drunk boater, it's the same horror to the family or to yourself if you survive it but the penalties will just fall apart. And so what this bill basically does is equalize the penalties, it raises the level punishment for death or injury by impaired bleeding to the same as death or injury by impaired driving. and that's pretty much the long short of it, the incarceration as I understand it, basically all it gives you is what the cost would be on an individual incident. Because since they don't know exactly how many to expect of this kind of incidence each year they really couldn't give an annual figure. So they simply presented the incarceration note a per incident figure. Anyway I just feel like it's playing common sense, and I guess we just never thought of it before until this incidence came up. Just playing common sense that the same damage or death caused on the water should be punished the same as it would be on the road, and that's what the bills are about and I'd appreciate if you would support it, thank you. >> [BLANK_AUDIO] Thank you Mr. chairman. About the same time that Marshall family Approached representative Pittman, I had spent a Sunday afternoon with wildlife people on Lake Norman observing how they operate and patrol the lake. Turned out the group that I was with were the wildlife officers that were first on the scene of this terrible accident and the conversation ultimately led to what can be done to try to reduce the number of these terrible accidents. And they said John the first thing is you need to have some teeth in the penalties if you kill someone, injure or seriously injure someone while you're impaired. So I started looking into this, found out that representative Pittman was doing the same thing and so we paired up on this, I discussed this This with the late Norman Marine Commission,

a number of professional boaters throughout the state, people that are on the water all the time, and must say there's 100% support from the people that are on the water for this type of legislation and I would respectfully request your support. Thank you. >> Does anyone in the audience wanna speak about this bill? Any questions by members of the committee? Repsenative McNeil. >> Thank you representative Pittman and Friday for putting forth this bill and I noticed on the second page [INAUDIBLE] that in 2015 there were seven boating deaths caused by apparent boating. And 14 serious injuries. And 116 cases of boating under the influence. So seven deaths cause by impaired voting, is seven too many? I appreciate you bringing this bill forward, although it's a lot less than those caused by impaired driving. One is too many. I think it's a good bill and it's appropriate time I'd like to make a motion. >> Repsentative Steinburg. >> Thank you Mr Chair. With regards to this bill I am primarily in support of. I grew up on the shores of Lake Ontario. All my friends were boater and there was wild and crazy happenings going on these boats and have done it for years and years with excessive drinking. It's really quite shocking to me that the numbers are as low as they are. Also being from a coastal county in [INAUDIBLE] over district one representing coastal counties, this This is very much needed and I think it's a great bill and I would wholeheartedly support it. Thank you. >> Rep Martin. >> Thank you sir. A question for Rep Steinburg. I'm not familiar with Lake Ontario, is that your Lake Anthony? I know it's up North. >> [LAUGH] >> Representative Robbins /g >> Take it for staffs or whoever is the level of alcohol point OA for [UNKNOWN] is same it is for driving. >> Okay, thank you. Anyone else? [INAUDIBLE] is recognized. >> Mr. Chairman I've moved it, the house judiciary committee give a favorable report to house bill 958 and that's with the, I don't see any referral. >> We're gonna strike to the floor and see what happens, you've heard the motion, all in favor of the motion let it be known by saying aye. >> Aye. >> Opposed no and the ayes have it. Bill is given a favorable report. >> Thank you Mr. chairman [INAUDIBLE] Common sense sometimes [INAUDIBLE] around here. Thank you. >> [INAUDIBLE] [LAUGH] Next bill coming up is house bill 1020 and for those of you we have a call circus at 1 O'clock, in the event we have to end this committee made before we finish our work, it is intention of the chair to meet right after session when you finish your work. House bill 1020 came up is called entirely incident, the pet services amendments came about to a study commission that I chaired back in the winter, we had a number of meetings and this is what we came up with and this time I would request the staff to explain the bill. >> Out of 220 were to amend the women of process to the commission or incident of their services are mainly in certain appointments with the chief justice their governor and the general subway were the appointments of the chief justice would be the director of ANC, the director of ANC would be the only appointee who could serve morning to consecutive on your term. The bill will also add to the report about a commission on the [INAUDIBLE] services. They come to the General Assembly information regarding specific data on the total final cost of capital and potentially capital cases as well as data regarding the determination to create new satellite offices for capital offenders. The bill would also require [INAUDIBLE] services to evaluate,

and address the needs of new satellite [INAUDIBLE] changes that could be made for current system of the [INAUDIBLE] first degree under the [INAUDIBLE] prosecutions. The bill would also specify that the director of AAC can modify the budget of [INAUDIBLE] services only after direct consultation with a [INAUDIBLE]. >> Anyone in the audience wants to speak about this bill, anyone here from the IDDAS? >> [INAUDIBLE] present during the study commissioned meetings and spoke at that time I would say a general comment I believe that the IDF commissions functioned very well, we were certainly happy with the With the way it was formed but if there are gonna be changes I think there's some positive changes here and ensures there's a superior court. And a district court judge on the commission, I think that's very valuable, it ensures that there's a defense voice from the public defender association recommendations and the advocates recommendations. And it builds back in some level of independence on the IDS's budget with requirement for the For the quorum, consultation with the quorum. Those are my general observations. >> Mr. Mayor has been very cooperative, at the outset we've noticed that a lot of the capital defenders were located in Durham and then since that time there's been some effort to move them out into the other places, is that right? >> Yes in fact I met with the district attorney from Robeson County here we might sharp point down wellton/g and met them about trying to locate an office there, we've talked with folks about fairview/g about whether there's space there. We're looking at areas where there's a need for more local counsel to handle the cases and that's one area Nash county is also another area So, I get going to, we can count on by that. Long session, these satellite officers been established. >> Yes we have some vacancies and I think I indicated in one if the meeting to we would move so we don't need you. Though you create more position, initially we've asked, and i think there may be recommendation Governor's budget that we'd be allowed to create some additional position for For staffing some additional satellite offices. >> Anyone have any questions about House bill 1020. >> I have one >> Yes ma'am, maybe I'm just missing it because I'm reading quickly but on line 28 General assembly shall appoint three members who shall be attorneys recommended by the speaker of the house will senate be okay with that? >> Who's gonna be okay. >> The senate. >> They also appoint three. >> Do they? >> On line 24 Okay. Sorry, I'm okay. >> You throw the questions? Stop. Represent Steinburg >> I represent a favorable report to house 1020, it's been a referral. >> I think so It is my recommendation we move the motion>> Motion before us. You've heard the motion. Are there any further questions or debate? If not, all in favor of the motion let it be known by saying aye. >> Aye. >> Opposed no. And the ayes have it We'll now take up House Bill 1021. This also came to us through a study commission that I chaired in the winter. There are some changes to the innocent inquiry commission that were voted on by this commission and I'll have the staff explain this. >> The bill makes several changes to the innocence inquiry commission. The innocence inquiry commission investigates and determines if someone is actually innocent of a person convicted of a felony Cases or crimes can be referred to the commission from a variety of sources including in court, state or local agencies. The plaintiffs themselves or the counsel. Once cases refer there may be an investigation. At the end of the investigation, the Evidence is presented to the full commission. If the commission finds there's sufficient evidence to warrant a formal inquiry or merit judicial review, then it is referred on and the chief justice will appoint a three judge panel to hear evidence of the matter. If the three judge panel finds that there is clear and convincing evidence that the person is innocent of the charges,

the three judge panel may dismiss all or any of the charges. If there is not sufficient evidence, there is no release grant. The changes this bill makes to the commission include The commission director would report to the director of administrative office courts. It clarifies that factual evidence may be filed directly by the plaintiff in some cases. In other cases it would have to be filed by the plaintiff Counsel. It clarifies that the plaintiff waiver is not to be construed as a Waiver of the convicted person's right to be heard by the court, and it relates to protect the orders. It adds provisions that if the claim innocent is granted, the mission will notify each co defendant and if the co defendant wishes to file claim, they must do so within 60 days of receipt of the notice. there are also provisions that the director must provide confidential case status. And there's also a process by which the district attorney and and a convicted person agree they can bypass the determination by the full commission and go directly to the three judge panel. clarify that the counsel appointed by IDF. And that the commissioner will notify [INAUDIBLE] requesting protective orders. >> Before we go any further Representative Broar/g moves to amend the bill on line 24 By deleting statues and inserting statues and any class eight through each felonies. [BLANK_AUDIO] Will you explain that please? >> Thank you Mr. Chair, what this does is add to the list of offences for which a claimant may make a claim of futaul/g in it directly any person who has a conviction of any class eight issue felony, in addition to this. >> And they are generally violent fellas are they not? >> That is the kind of general categorization of what is considered a violent felony. >> You've heard the motion about representative Barr any further debate. >> Could I I hear the motion again please Mr. Chairman. >> We've adopt the amendment. >> Okay, I thought can I hear the amendment stated again I swear I'm not, sincerely speaking. >> One page one line 24 by deleting statutes and inserting statutes in any class eight though A felony comma after statutes. >> Comma after statutes. Motion is to adopt the amendment all in favor let know in fact, saying aye,>> aye >> oppose no, and the ayes have it. We've with us one the great judges of all time All time here today is the honorable Tom Lock/g from Johnston county is my [UNKNOWN]. Does anyone want to discuss the bill? Anybody in the audience wants to be heard? [BLANK-AUDIO] Mr. Chairman from. >> If you would Identify yourself please and who you're working with. >> Mr. Chairman my name is Johnson Breed I'm the district attorney in Robinson county district 16 D, I'm also a commissioner on the actual innocence inquiry commission I'm here on behalf of the commission and I've also been asked tom speak and there are some issues regarding the conference of district attorney their representatives are here. But because our issues are the same they've asked me to address those Judge Lot/g will also ask to represent before the committee present form the commission is [INAUDIBLE] Smith and [UNKNOWN] who's employed with the commission. There's some concerns with respect to the proposed amendments to the bill proposals the first is we're concerned that our staff will be providing legal advice to co-dependence regarding the requirements that they apply to the commission within 60 days of the finding or be barred from applying. The commission staff does not recommend anyone. The commission does not represent anyone, the commission is an independent impartial body who is charge with investigating this claims. We were also concerned that by having to notify dependents who may in fact be guilty we are encouraging them to file claims of innocence and cutting into our resources in our town to investigate valid claims. Another concern that we have is increasing resources and funding

needs to meet various requirements that a defendant has cancelled the district attorney be given the opportunity to be hard before any orders can be obtained from our Chair who is a superior court judge. Commission staff already has developed working relationships with state agencies and obtains files from those agencies on pursuant to standing protective orders. The limitations on the commission ability to use this protective orders we believe will decrease efficiency and effectiveness while increasing the cost of litigation. We are also concerned that there's a requirement a confidential case updates people to the district attorney, the convicted person counsel, referring counsel every six months where there is no remedy for a person that provides that confidential information and where there is no additional funding for the increase in the workload that might arise. Speaking from a personal perspective, as a district attorney, I want the final report, I don't need updates. The final report after the case has been fully investigated, entirely vetted. it is what I would like to see. I want to thank you for this opportunity and if I may turn it over to judge [UNKNOWN] and Judge [UNKNOWN] is gonna address the three judge issue about skipping >> [BLANK_AUDIO] Thank you Representative [UNKNOWN] it is indeed an honor to be with you today and for all the legislatures who are here. Please rest assured I am holding quite this week and [UNKNOWN] county did exactly one hour and 25 minutes ago I accepted [INAUDIBLE] guilty and sentenced [INAUDIBLE] and I'll be holding court starting with the jury [INAUDIBLE] in the morning and yes we do work on Fridays, but I do appreciate the opportunity to share a few thoughts with you. I am a newly appointed commissioner, I have the honor o serving as the alternate chair of the commission. Earlier last year I served as the chief judge of the the three judge panel that exonerated Joseph Sledge. And got a close up on first hand look at how the commission works. I'll admit back in the day when I was district attorney when the commission was first established, I had deep reservations about it but I have senators come around and come to believe that the commission works extremely well and as the old saying goes, If it ain't broke, I don't think we need to fix it. I do have several concerns about the proposed bill. One of the things we were most concerned about has been addressed now by Representative Those amendment and I certainly want to thank you sir for that and thank you for your [INAUDIBLE]. Another concern I have [COUGH] excuse me, is the division that allows the [INAUDIBLE] and the district attorney to agree to take a case directly to a clean judge panel. And bypass the commission The commission has had in past that [UNKNOWN] one case and one DNA evidence. They [UNKNOWN] it on the face like [UNKNOWN] but further investigation reveal that the [INAUDIBLE] in fact involved in the crime and of course was not factually innocent as someone who has sat on a free judge panel, I can fully appreciate and believe its crucial that a full and complete investigation be conducted by the commission and that a hearing be held and that the others produced by this investigation hearing be presented to the three judge panel and that they have the benefit of it. Another concern I have of course is the potential Threat to the independence of the commission by sub section A of ECG S15 A-1465 proposed amendment. And yeah I do want to thank you for hearing from is today and I do request respectively that you consider the concerns of the commission as you discuss this bill further, thank you. >> It appears that we're gonna have a caucus at 1 o'clock. We're going to recess until after a session. The meeting is recessed. [BLANK_AUDIO] I believe you stop here, we'll be back in the same room. [BLANK_AUDIO] [BLANK_AUDIO] [BLANK_AUDIO]

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