Bill Summary for H 615 (2011-2012)

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Summary date: 

Apr 5 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 615 (Public) Filed Monday, April 4, 2011
TO REFORM THE RACIAL JUSTICE ACT OF 2009 TO BE CONSISTENT WITH THE UNITED STATES SUPREME COURT'S RULING IN MCCLESKEY V. KEMP.
Intro. by Burr, Stevens, Ingle, Stam.

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Bill summary

Amends GS 15A-2011 (proof of racial discrimination under the NC Racial Justice Act), by deleting most provisions and stating that a finding that race was the basis of the decision to seek or impose a death sentence may be established if the court finds that the state acted with discriminatory purpose in seeking the death penalty or in selecting the jury that sentenced the defendant, or one or more of the jurors acted with discriminatory purpose in the guilt-innocence or sentencing phases of the defendant’s trial. Also states that the defendant has the burden of proving that there was discriminatory purpose in seeking or imposing the death sentence in the defendant’s case, and that the state may offer evidence to rebut the claims or evidence of the defendant.
Amends GS 15A-2012 (hearing procedure), requiring a defendant to state with particularity how evidence supports a claim that there was discriminatory purpose (currently, that race was a significant factor) in decisions to seek or impose the death sentence in the defendant’s case (rather than in the county, prosecutorial district, judicial division, or the state at the time the death sentence was sought or imposed). Clarifies that the court will order that a death sentence will not be sought or that the death sentence imposed will be vacated, and that the defendant will receive a new sentencing hearing (rather than resentenced to life imprisonment without the possibility of parole) if the court finds there was a discriminatory purpose in decisions to seek or impose the death sentence. Makes additional conforming changes.
Clarifies that the act supersedes and nullifies provisions of Article 101A (appears to reference Article 101) of GS Chapter 15A that existed before the act’s effective date and are repealed by the act. Includes a severability clause, and specifies that the act does not amend or modify the statutory or common law applicable to trial or postconviction proceedings in capital cases that existed before July 1, 2009. Includes whereas clauses.
The act is effective when it becomes law and applies to all capital trials held prior to, on, or after the effective date and to all capital defendants sentenced to the death penalty prior to, on, or after the effective date.