Effective October 1, 2011, adds new GS 15A-2007 to prohibit a defendant determined to have a severe mental disability at the time of the commission of a criminal offense from being sentenced to death. Defines severe mental disability to mean any mental disability or defect that significantly impairs a person's capacity to do any of the following: (1) appreciate the nature, consequences, or wrongfulness of the person's conduct; (2) exercise rational judgment in relation to conduct; or (3) conform the person's conduct to the requirement of the law. Requires that compelling evidence of a mental disability be manifested at some time prior to the defendant's alleged offense. Specifies that a mental disability manifested primarily by repeated criminal conduct or attributable solely to the acute effects of alcohol or other drugs does not, standing alone, constitute a severe mental disability.
Requires court to hold a pretrial hearing, upon motion of defendant, to determine if the defendant had a severe mental disability at the time of the commission of the offense. Imposes burden of production and persuasion on defendant to demonstrate by clear and convincing evidence.
Prohibits anyone found to be under the influence of a severe mental disability at the time of the commission of the criminal offense from asserting a defense of not guilty by reason of insanity.
Specifies that if court does not find that defendant had a severe mental disability at the time of the commission of the criminal offense during the pre-trial hearing, the defendant may introduce evidence of the disability during the sentencing hearing. Requires court to submit a special issue to the jury as to whether the defendant had a severe mental disability at the time of the commission of the criminal offense prior to the consideration of aggravating or mitigating factors and the determination of a sentence. If the jury determines that the defendant had a severe mental disability at the time of the commission of the criminal offense, the court must declare the case noncapital and the defendant must be sentenced to life imprisonment. Imposes burden of production and persuasion on defendant by a preponderance of the evidence. Authorizes the jury to consider any evidence presented by the defendant of a severe mental disability when determining mitigating factors and the defendant's sentence, even if the jury determines that the defendant did not have a severe mental disability.
Specifies that defendant determined to have a severe mental disability at the time of the commission of the criminal offense may be subject to any other sentence authorized by GS 14-17 for the crime of murder in the first degree.
Effective October 1, 2011, makes conforming changes to GS 15A-2000(b).
Effective October 1, 2011, to October 1, 2012, enacts new GS 15A-2008 to allow a defendant who has been convicted of first degree murder and sentenced to death to request a postconviction determination of severe mental disability. Specifies time period for filing motion and requires that the procedures and hearing on the motion comply with GS 15A-1420.
Effective October 1, 2011, enacts new GS 15A-960 to prohibit an insanity defense if: (1) prior alcohol use, prior drug use, or both are the sole cause of the psychosis or (2) voluntary intoxication, a voluntary drugged condition, or both combined are the sole support for the defense.