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NC S416

NC S416
Amend Death Penalty Procedures


summary

Introduced
In Committee
Crossed Over
Passed
Dead
Vetoed
06/29/2012

Introduced Session

2011-2012 Session

Bill Summary

Amend Death Penalty Procedures

AI Summary

This bill makes several changes to North Carolina's death penalty procedures, including modifying the method of execution to specify the use of a lethal injection with an ultrashort-acting barbiturate and a chemical paralytic agent, and clarifying that the execution must take place in a permanent death chamber within the North Carolina penitentiary, with qualified personnel to administer the procedure. It also addresses the timing of the State's notice to seek the death penalty, stating that while courts can discipline the State for missing deadlines, they cannot declare a case noncapital solely for that reason, and must continue the case to avoid prejudicing the defendant. Furthermore, the bill revises the process for challenging a death sentence based on racial discrimination, narrowing the scope of evidence to the county or prosecutorial district where the sentence was sought or imposed, and requiring defendants to specifically detail how the evidence supports their claim, while also introducing a requirement for defendants to waive their right to parole eligibility if they seek relief based on racial discrimination. Finally, it repeals a previous statute related to racial discrimination in death penalty decisions and clarifies the applicability of these changes to existing and future cases.

Committee Categories

Government Affairs, Justice, Transportation and Infrastructure

Sponsors (25)

Last Action

Ch. SL 2012-136 (on 07/02/2012)

bill text


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