NC H722

Establishes a definition of "severe mental disability" that significantly impairs a person's capacity to appreciate the nature of their conduct, exercise rational judgment, or conform conduct to law, excluding disabilities manifested solely by criminal conduct or acute alcohol/drug effects.

Prohibits death penalty sentencing for defendants with severe mental disability at the time of the offense, with defendant bearing burden of proving disability by clear and convincing evidence in pretrial hearing or by preponderance of evidence at sentencing.

If court finds severe mental disability at pretrial hearing, case becomes noncapital; if jury finds it at sentencing, defendant receives life imprisonment without parole instead of death penalty.

Allows defendants already sentenced to death to petition for resentencing based on credible evidence of prior severe mental disability, with filing deadline of January 31, 2014 for prior convictions or 150 days after sentencing for ongoing trials.

Eliminates insanity as a legal defense when prior alcohol or drug use is the sole cause of psychosis or when voluntary intoxication/drugged condition is the sole support for the insanity defense.