Rep. Kambium Buckner
Filed: 2/21/2020
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 180




2    AMENDMENT NO. ______. Amend House Bill 180 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 1. Short title. This Act may be cited as the 
5Conviction Integrity Act.
 
6    Section 5. Legislative findings.  The General Assembly 
7hereby finds and declares that the existence of wrongful 
8convictions constitutes not only a grave miscarriage of 
9justice, but also a serious threat to public safety, as the 
10true perpetrator of the crime remains unpunished. Therefore, in 
11order to help uncover and correct past miscarriages of justice, 
12each State's Attorney in this State should establish a 
13conviction integrity unit in his or her office to address 
14claims of wrongful conviction arising out of each county. 
15Furthermore, the General Assembly calls upon each State's 
16Attorney to vigorously exercise his or her constitutional and 
 
 
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1statutory authority and use all the tools at his or her 
2disposal to fully investigate claims of actual innocence.
 
3    Section 10. Guidelines for conviction integrity review.  
4The Attorney General and a statewide organization representing 
5State's Attorneys shall consult on the creation of guidelines 
6for the creation of a conviction integrity unit in each State's 
7Attorney's office, and for the criteria for conviction 
8integrity review. These guidelines shall not have the force of 
9law and are considered merely advisory in nature.
 
10    Section 15. Use of the grand jury.  In order to help 
11determine if a person was wrongfully convicted, the State's 
12Attorney may, in his or her exclusive discretion, request that 
13a grand jury subpoena witness testimony or compel the 
14production of documents or physical evidence.
 

15    Section 99. Effective date. This Act takes effect upon 
16becoming law.".