Bill Summary for H 270 (2025-2026)
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO REVISE THE METHODS OF EXECUTION AVAILABLE FOR A PERSON CONVICTED OF A CRIMINAL OFFENSE AND SENTENCED TO DEATH.Intro. by Willis, Pyrtle, Miller, Ward.
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Bill summary
Repeals GS 15-187, which abolished death by electrocution and death by the administration of lethal injection.
Amends GS 15-188 to now require that any person convicted of a criminal offense and sentenced to death be executed in accordance with this statute and Article 10 (execution). Allows the warden of Central Prison to obtain and employ the drugs necessary to carry out the provisions of this Article, regardless of contrary provisions in GS Chapter 90. Requires that a person convicted of a criminal offense and sentenced to death be executed by electrocution or, at the person’s election, by firing squad or lethal injection, if it is available at the time of election, under the direction of the Secretary of the Department of Adult Correction. Sets out requirement for the timing of electing death by electrocution, firing squad, or lethal injection. Provides that if the convicted person waives the right of election, then the penalty must be administered by electrocution. No longer requires the superintendent of the State penitentiary to prepare the injection, administer the preinjections, insert the IV catheter, and perform other tasks required for the procedure. Requires the Secretary of the Department of Adult Correction, upon receiving the notice of execution, to determine and certify by affidavit under penalty of perjury to the NC Supreme Court whether the methods provided above are available. Requires a person convicted of a capital crime and sentenced to death prior to the statute’s effective date to be administered death by electrocution, unless the person elects death by firing squad or lethal injection, if it is available, in writing 14 days before the execution date. Provides that if execution by lethal injection under this statute is unavailable or is held to be unconstitutional by an appellate court of competent jurisdiction, then the manner of inflicting a death sentence must be by electrocution, unless the convicted person elects death by firing squad. Sets out provisions governing the location of the execution. Requires the Department of Adult Correction (Department) to give convicted persons written notice of the person's right to election under this statute and the available methods. Requires the Department to establish protocols and procedures for carrying out executions.
Makes conforming changes to GS 15-188.1 (Health care professional assistance), GS 15-190 (concerning monitoring and carrying out of an execution), and GS 15-191 (Pending sentences unaffected).
Includes a severability clause.