NC H659

Creates a new legal standard prohibiting the death penalty for defendants with severe mental disability at the time of the offense, defined as mental conditions significantly impairing capacity to appreciate the nature/consequences of conduct, exercise rational judgment, or conform conduct to law.

Establishes a pretrial hearing process where defendants must prove by clear and convincing evidence they had severe mental disability at time of offense; if established, the case becomes noncapital and defendant cannot receive death penalty.

Allows defendants to introduce evidence of severe mental disability during sentencing hearings if pretrial hearing did not establish it, with jury determining the issue by preponderance of evidence; if jury finds disability existed, defendant receives life without parole instead of death.

Prohibits the insanity defense when prior alcohol or drug use alone causes psychosis or when voluntary intoxication/drug use alone supports the defense claim.

Permits death row inmates convicted prior to October 1, 2011 to file motions for postconviction relief based on credible evidence of severe mental disability at time of crime, with deadline of January 31, 2012; provisions effective October 1, 2011.