Bill Summary – FastDemocracy

H.B. 116
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                               Feb 14, 2023
                                      SESSION 2023                                       HOUSE PRINCIPAL CLERK
     H                                                                                                  D
                                    HOUSE BILL DRH40059-NDa-72
     Short Title:   Modify Laws Affecting District Attorneys.                                     (Public)
     Sponsors:      Representative Stevens.
     Referred to:
                                      A BILL TO BE ENTITLED
 AN ACT TO MODIFY VARIOUS STATUTORY PROVISIONS AFFECTING DISTRICT
     ATTORNEYS AND DISTRICT ATTORNEYS' OFFICES.
 The General Assembly of North Carolina enacts:
              SECTION 1. G.S. 7A-64 reads as rewritten:
 "§ 7A-64. Temporary assistance for district attorneys.
     …
     (b)      The Director of the Administrative Office of the Courts may provide this assistance
 only upon a showing by the requesting district attorney supported by facts that at least one of the
 following circumstances apply:
              …
              (3)     There is a conflict of interest.
              …
     (d)      Notwithstanding any other provision of this section to the contrary, when a district
 attorney excludes themselves from an investigation or prosecution due to a conflict of interest or
 for other good cause, the district attorney may apply to the Administrative Office of the Courts
 to have another district attorney, a resource prosecutor from the Conference of District Attorneys,
 or a qualified attorney assume responsibility as a special prosecutor for the investigation and
 prosecution of the matter.
     After consulting with the Conference of District Attorneys and securing the consent of the
 district attorney or resource prosecutor, the Administrative Office of the Courts may assign a
 district attorney or resource prosecutor to an investigation or prosecution pursuant to this
 subsection.
     In the event a qualified attorney is appointed to an investigation or prosecution pursuant to
 this subsection, payment for services must be approved by the Conference of District Attorneys
 and the Director of the Administrative Office of the Courts.
     Upon appointment as a special prosecutor pursuant to this subsection, the special prosecutor
 shall have all the authority that the requesting district attorney would otherwise have had in that
 investigation or prosecution."
              SECTION 2. G.S. 7A-65 reads as rewritten:
 "§ 7A-65. Compensation and allowances of district attorneys and attorneys, assistant
              district attorneys.attorneys, and other district attorney staff.
     (a)      The annual salary of:
              …
              (3)     Full-time district attorney administrative assistants shall be as provided in the
                      Current Operations Appropriations Act.
                                   *DRH40059-NDa-72*
     General Assembly Of North Carolina                                                       Session 2023
             (4)       Full-time district attorney legal assistants shall be as provided in the Current
                       Operations Appropriations Act.
               (5)     Full-time district attorney investigators shall be as provided in the Current
                       Operations Appropriations Act.
      When traveling on official business, each district attorney and attorney, assistant district
 attorney attorney, district attorney administrative assistant, district attorney legal assistant, and
 district attorney investigator is entitled to reimbursement for his or her subsistence expenses to
 the same extent as State employees generally. When traveling on official business outside his or
 her the individual's county of residence, each district attorney and attorney, assistant district
 attorney attorney, district attorney administrative assistant, district attorney legal assistant, and
 district attorney investigator is entitled to reimbursement for travel expenses to the same extent
 as State employees generally. For purposes of this subsection, the term "official business" does
 not include regular, daily commuting between a person's home and the district attorney's office.
 Travel distances, for purposes of reimbursement for mileage, shall be determined according to
 the travel policy of the Administrative Office of the Courts.
      …
      (e)      District attorney administrative assistants, district attorney legal assistants, and
 district attorney investigators shall receive longevity pay to the same extent as State employees
 generally."
               SECTION 3. G.S. 7A-69 reads as rewritten:
 "§ 7A-69. Investigatorial assistants.District attorney investigators.
      The Each district attorney in prosecutorial districts 1, 3B, 4, 5, 7, 8, 11, 12, 13, 14, 15A, 15B,
 16A, 18, 19B, 20A, 20B, 21, 22A, 22B, 24, 25, 26, 27A, 27B, 28, 29A, 29B, and 30 is entitled
 to at least one investigatorial assistant, and the district attorney in prosecutorial district 10 is
 entitled to two investigatorial assistants, district attorney investigator to be appointed by the
 district attorney and to serve at his the district attorney's pleasure.
      It shall be the duty of the investigatorial assistant district attorney investigator to investigate
 cases preparatory to trial and to perform such other Duties as may be assigned by the district
 attorney. The investigatorial assistant is district attorney investigators are entitled to
 reimbursement for his subsistence and travel expenses to the same extent as State employees
 generally."
               SECTION 4. G.S. 132-1.1(a) reads as rewritten:
      "(a) Confidential Communications. – Public records, as defined in G.S. 132-1, shall not
 include written communications (and copies thereof) to any public board, council, commission
 commission, district attorney or member of a district attorney's staff, or other governmental body
 of the State or of any county, municipality or other political subdivision or unit of government,
 made within the scope of the attorney-client relationship by any attorney-at-law serving any such
 governmental body, concerning any claim against or on behalf of the governmental body or the
 governmental entity for which such body acts, or concerning the prosecution, defense, settlement
 or litigation of any judicial action, including criminal investigations and prosecutions, or any
 administrative or other type of proceeding to which the governmental body is a party or by which
 it is or may be directly affected. Such Except as provided in G.S. 132-1.4(g) regarding criminal
 investigations and prosecutions, these written communication and copies thereof shall not be
 open to public inspection, examination or copying unless specifically made public by the
 governmental body receiving such written communications; provided, however, that such written
 communications and copies thereof shall become public records as defined in G.S. 132-1 three
 years from the date such communication was received by such public board, council, commission
 or other governmental body. Communications and copies thereof involving a criminal
 investigation or prosecution shall not be open to public inspection, examination, or copying
 except as provided by G.S. 132-1.4(g)."
               SECTION 5. G.S. 132-1.4(g) reads as rewritten:
     Page 2                                                                           DRH40059-NDa-72
     General Assembly Of North Carolina                                                    Session 2023
     "(g) Disclosure of records of criminal investigations and criminal intelligence information
 that have been transmitted to a district attorney attorney, a staff member of the Conference of
 District Attorneys, or other attorney authorized to prosecute a violation of law shall be governed
 by this section and Chapter 15A of the General Statutes."
              SECTION 6. Section 1 of this act is effective when it becomes law and applies to
 investigations and prosecutions occurring on or after that date. Section 2 of this act becomes
 effective July 1, 2023, and applies to salary, reimbursement, and longevity payments incurred
 and paid on or after that date. Section 3 of this act becomes effective July 1, 2023. Section 4 of
 this act is effective when it becomes law and applies to communications occurring on or after
 that date. Section 5 of this act is effective when it becomes law and applies to records transmitted
 on or after that date. Except as otherwise provided, this act is effective when it becomes law.
     DRH40059-NDa-72                                                                             Page 3
Statutes affected: 
Filed: 7A-64, 7A-65, 7A-69, 132-1.1, 132-1.4
Edition 1: 7A-64, 7A-65, 7A-69, 132-1.1, 132-1.4
Edition 2: 7A-64, 7A-65, 7A-69, 7A-413, 132-1.4, 7A-414, 7A-314, 7A-38.3D, 7A-38.7
Edition 3: 7A-64, 7A-69, 7A-413, 132-1.4, 7A-414, 7A-314, 7A-38.3D, 7A-38.7
Edition 4: 7A-64, 7A-69, 7A-413, 132-1.4, 7A-414, 7A-38.3D, 7A-38.7
Ratified: 7A-64, 7A-69, 7A-413, 132-1.4, 7A-414, 7A-38.3D, 7A-38.7
SL 2023-34: 7A-64, 7A-69, 7A-413, 132-1.4, 7A-414, 7A-38.3D, 7A-38.7