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NC H615

Bill

Status

Introduced

4/4/2011

Primary Sponsor

John Blust

Click for details

Origin

House of Representatives

2011-2012 Session

AI Summary

  • Reformulates North Carolina's Racial Justice Act to require defendants prove the state or individual jurors acted with discriminatory purpose in seeking or imposing a death sentence, rather than relying on statistical evidence of racial disparities.

  • Eliminates provisions allowing statistical evidence showing death sentences were sought more frequently based on defendant or victim race, or that race was a significant factor in jury selection decisions.

  • Shifts burden of proof to defendants to demonstrate discriminatory purpose specifically in their individual case rather than in the county, prosecutorial district, judicial division, or state at the time of sentencing.

  • Aligns state law with the U.S. Supreme Court's ruling in McCleskey v. Kemp, which held that statistical evidence of racial disparities in death penalty application is insufficient to prove equal protection violations without showing discriminatory purpose by specific decision makers.

  • Applies retroactively to all capital trials and death sentences imposed before, on, or after the act's effective date.

Legislative Description

No Discriminatory Purpose in Death Penalty

Last Action

Ref To Com On Judiciary Subcommittee B

4/5/2011

Committee Referrals

Judiciary Subcommittee B4/5/2011

Full Bill Text

No bill text available