NC S666

Prohibits imposing the death penalty on defendants with severe mental disability at the time of the criminal offense, defining severe mental disability as significantly impairing capacity to appreciate the nature or wrongfulness of conduct, exercise rational judgment, or conform conduct to law.

Requires pretrial hearing upon defendant's motion to determine severe mental disability, with defendant bearing burden of clear and convincing evidence; if found, case becomes noncapital and state cannot seek death penalty.

If severe mental disability not found in pretrial proceeding, allows defendant to introduce evidence during sentencing hearing, requiring jury to decide by preponderance of evidence whether defendant had disability; if jury finds disability exists, defendant receives life without parole instead of death penalty.

Provides that defendants found to have severe mental disability must waive insanity defense but may raise other legal defenses.

Eliminates insanity as a legal defense when prior alcohol or drug use is the sole cause of psychosis or when voluntary intoxication or voluntary drug use alone supports the defense; effective October 1, 2017.