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NC S9

Bill

Status

Vetoed

12/14/2011

Primary Sponsor

Austin Allran

Click for details

Origin

Senate

2011-2012 Session

AI Summary

Senate Bill 9 Summary

  • Reforms the Racial Justice Act of 2009 to require defendants prove that decision makers acted with discriminatory purpose in seeking or imposing a death sentence, aligning with the U.S. Supreme Court's McCleskey v. Kemp standard.

  • Eliminates the prior law's allowance of statistical evidence showing racial disparities in death sentencing patterns across counties, judicial divisions, or the state as a basis for proving discrimination.

  • Requires evidence of discriminatory purpose from the State, jury selection, or individual jurors in the defendant's specific case rather than systemic racial patterns in capital sentencing.

  • Nullifies all prior proceedings and hearings conducted under the original Article 101 provisions and prevents defendants from filing additional pleadings based on this reform.

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

Legislative Description

No Discriminatory Purpose in Death Penalty

Last Action

Ref To Com On Rules, Calendar, and Operations of the House

6/14/2012

Committee Referrals

Judiciary1/4/2012
Judiciary I6/16/2011
Judiciary Subcommittee B2/22/2011
Health and Human Services2/15/2011
Judiciary II1/31/2011

Full Bill Text

No bill text available