NC H723

Reenacts the original Racial Justice Act (S.L. 2009-464) and adds new protections prohibiting the state from seeking convictions or sentences based on race, ethnicity, or national origin.

Allows defendants to challenge convictions or sentences by proving by preponderance of evidence that bias occurred, including through judge/attorney/law enforcement bias, racially discriminatory language, improper peremptory challenges, or disparate charging/sentencing patterns.

Requires trial courts to hold hearings upon prima facie showing of racial discrimination, allowing statistical evidence, aggregate data, expert testimony, and witness testimony to be presented by either party.

Provides remedies before judgment including reseating jurors, declaring mistrial, empaneling new jury, or reducing charges; after judgment allows vacating conviction and sentence with new proceedings or resentencing without exceeding original sentence.

Applies retroactively with persons under death sentences prior to enactment having one year to file motions; makes defendants ineligible for death penalty upon finding of racial discrimination violation.