NC S668

Prohibits the death penalty for defendants with a severe mental disability at the time of the criminal offense, with "severe mental disability" defined as any mental condition significantly impairing capacity to appreciate the nature/consequences/wrongfulness of conduct, exercise rational judgment, or conform conduct to law.

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

Allows evidence of severe mental disability to be introduced during sentencing hearing if not determined pretrial; jury must answer special issue on disability prior to considering aggravating/mitigating factors, and finding of disability results in life imprisonment without parole.

Excludes mental disabilities caused solely by alcohol or drug use from the definition of severe mental disability and waives insanity defense for anyone found to have severe mental disability under this statute.

Becomes effective October 1, 2019, and applies to trials docketed to begin on or after that date.