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NC S416

Bill

Status

Passed

7/2/2012

Primary Sponsor

Austin Allran

Click for details

Origin

Senate

2011-2012 Session

AI Summary

  • Modifies execution method to require lethal injection using an ultrashort-acting barbiturate combined with a chemical paralytic agent, and removes requirement for Governor and Council of State approval of execution procedures.

  • Prevents courts from declaring a capital case non-capital as punishment for the State's failure to timely provide notice of intent to seek the death penalty; courts may instead discipline the State and continue the case to prevent defendant prejudice.

  • Establishes new procedure for defendants to challenge death sentences based on racial discrimination, requiring proof that race was a significant factor in seeking or imposing the death sentence in the specific county or prosecutorial district during the 10-year period before the offense through 2 years after sentencing.

  • Requires defendants filing racial discrimination challenges to waive objections to life imprisonment without parole, and specifies that statistical evidence alone is insufficient to prove racial discrimination without corroborating evidence.

  • Makes the execution method change applicable to executions scheduled after the act's effective date, and applies all other provisions retroactively to all capital trials and defendants sentenced to death before or after the effective date.

Legislative Description

Amend Death Penalty Procedures

Last Action

Ch. SL 2012-136

7/2/2012

Committee Referrals

Judiciary II6/14/2012
Judiciary Subcommittee B6/5/2012
Rules, Calendar, and Operations of the House4/5/2011
Transportation3/24/2011

Full Bill Text

No bill text available