NC H912

Prohibits death sentences for defendants with severe mental disability at the time of the crime, defined as significantly impairing capacity to appreciate the nature or wrongfulness of conduct, exercise rational judgment, or conform conduct to the law.

Requires pretrial hearings upon defendant motion to determine severe mental disability, with defendant bearing burden of proof by clear and convincing evidence; if found, case becomes noncapital and defendant receives life imprisonment without parole.

Allows defendants found to have severe mental disability to waive the insanity defense but preserves other legal defenses; if disability not found at pretrial stage, jury may consider it as mitigating factor during sentencing.

Creates postconviction relief procedure for death-sentenced defendants to seek commutation based on severe mental disability evidence, with filing deadlines of January 31, 2022 for pre-October 1, 2021 convictions or 150 days after sentencing for later trials.

Eliminates insanity defense when prior alcohol or drug use alone causes psychosis or when voluntary intoxication or drug use alone supports the defense.