NC H682

Prohibits death sentences for defendants with severe mental disability at the time of the offense, defined as a mental condition that significantly impairs capacity to appreciate the nature/consequences of conduct, exercise rational judgment, or conform conduct to law.

Requires courts to hold pretrial hearings upon defendant's motion to determine severe mental disability, with defendant bearing burden of proof by clear and convincing evidence; if found, case becomes noncapital.

Allows defendants to introduce severe mental disability evidence at sentencing hearing if pretrial determination was not made; jury must decide the issue before considering aggravating/mitigating factors, and life imprisonment without parole applies if jury finds disability existed.

Excludes mental disability manifested primarily by repeated criminal conduct or attributable solely to acute effects of alcohol or drugs from qualifying as severe mental disability.

Requires anyone found to have severe mental disability at time of offense to waive insanity defense, but does not preclude other legal defenses; effective October 1, 2019.