RESTORING PROPER JUSTICE ACT.

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View NCGA Bill Details2015-2016 Session
House Bill 774 (Public) Filed Tuesday, April 14, 2015
AN ACT TO AMEND THE LAW REQUIRING THE PRESENCE OF A LICENSED PHYSICIAN AT THE EXECUTION OF A DEATH SENTENCE.
Intro. by Daughtry.
Status: Ch. SL 2015-198 (House Action) (Aug 5 2015)

Bill History:

H 774/S.L. 2015-198

Bill Summaries:

  • Bill H 774 (2015-2016)
    Summary date: Aug 10 2015 - View Summary

    AN ACT TO AMEND THE LAW REQUIRING THE PRESENCE OF A LICENSED PHYSICIAN AT THE EXECUTION OF A DEATH SENTENCE. Enacted August 5, 2015. Effective August 5, 2015.

    Courts/Judiciary, Criminal Justice, Corrections (Sentencing/Probation), Government, APA/Rule Making
    GS 15, GS 132, GS 150B
  • Bill H 774 (2015-2016)
    Summary date: Jul 27 2015 - View Summary

    Senate amendment makes the following changes to the 4th edition.

    Adds a severability clause to the act. 

    Courts/Judiciary, Criminal Justice, Corrections (Sentencing/Probation), Government, APA/Rule Making
    GS 15, GS 132, GS 150B
  • Bill H 774 (2015-2016)
    Summary date: Jul 23 2015 - View Summary

    Senate committee substitute makes the following changes to the 3rd edition.

    Amends GS 150B-1(d)(6) to exempt the Department of Public Safety from rulemaking with respect to matters related to persons in its custody or under its supervision and to executions and also amends GS 150B-1(e) to exempt the Department of Public Safety from contested case provisions with respect to matters relating to executions (previously, only the Division of Adult Correction of the Department of Public Safety was exempt). 

    Courts/Judiciary, Criminal Justice, Corrections (Sentencing/Probation), Government, APA/Rule Making
    GS 15, GS 132, GS 150B
  • Bill H 774 (2015-2016)
    Summary date: Apr 29 2015 - View Summary

    House amendment makes the following changes to the 2nd edition.

    Amends GS 15-187 to require any person sentenced to death to be executed in accordance with GS 15-188, Manner and place of execution, and the remainder of Article 19 (was, executed only by the administration of a lethal quantity of an ultrashort acting barbiturate in combination with a chemical paralytic agent). 

    Amends GS 132-1.2 to add that nothing in GS Chapter 132 is to be construed to require or authorize a public agency or its subdivision to disclose any information that reveals the name, address, qualifications, and other identifying information of any person or entity that manufactures, compounds, prepares, prescribes, dispenses, supplies, or administers the drugs or supplies obtained for any purposes authorized by Article 19 (Execution) of GS Chapter 15.

    Courts/Judiciary, Criminal Justice, Corrections (Sentencing/Probation), Government, APA/Rule Making
    GS 15, GS 132, GS 150B
  • Bill H 774 (2015-2016)
    Summary date: Apr 29 2015 - View Summary

    House committee substitute makes the following changes to the 1st edition. 

    Amends GS 15-190 as follows. Provides that the definition of medical professional other than a physician is for the purposes of the statute, not the entire Article. Amends that definition to add emergency medical technician, to replace advanced degree nurse with nurse practitioner, and to remove references to being certified (retaining requirements of licensing or credentialing). 

    Amends GS 150B-1(d)(6) to exempt the Division of Adult Correction (Division) of the Department of Public Safety from rulemaking with respect to matters related to executions. Amends GS 150B-1(e) to exempt the Division from contested case provisions with respect to matters relating to executions.

    Courts/Judiciary, Criminal Justice, Corrections (Sentencing/Probation), Government, APA/Rule Making
    GS 15, GS 150B
  • Bill H 774 (2015-2016)
    Summary date: Apr 28 2015 - View Summary

    House committee substitute to the 1st edition is to be summarized.
  • Bill H 774 (2015-2016)
    Summary date: Apr 16 2015 - View Summary

    Amends GS 15-190 to allow a medical professional other than a physician to be present at an execution. Provides that if a licensed physician is not present at the execution, then one must be present on the premises and available to examine the body and pronounce the person dead. Defines a medical professional other than a physician. 

    Amends GS 15-192 to require the certification of the execution to be certified by the warden and the licensed physician present on the premises to pronounce death.

    Courts/Judiciary, Criminal Justice, Corrections (Sentencing/Probation)
    GS 15
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