Bill Summary for H 659 (2011-2012)
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Summary date:
Jun 14 2011
Bill Information:
| View NCGA Bill Details | 2011-2012 Session |
TO AMEND THE CAPITAL TRIAL, SENTENCING, AND POSTCONVICTION PROCEDURES FOR A PERSON WITH A SEVERE MENTAL DISABILITY AND TO PROVIDE THAT INSANITY IS NOT AVAILABLE AS A DEFENSE TO A CRIMINAL ACTION IF PRIOR ALCOHOL OR DRUG USE OR BOTH ARE THE SOLE CAUSE OF THE PSYCHOSIS OR IF VOLUNTARY INTOXICATION, A VOLUNTARY DRUGGED CONDITION, OR BOTH COMBINED ARE THE SOLE SUPPORT FOR THE DEFENSE.Intro. by Stevens.
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Bill summary
Senate committee substitute makes the following changes to 3rd edition. Amends proposed GS 15A-2008 to specify that in cases in which the defendant has been convicted of first degree murder, sentenced to death, and is in custody awaiting imposition of the death penalty, and a court determines that the defendant had a severe mental disability at the time of the commission of the criminal offense, the defendant must be sentenced to life imprisonment without parole. Makes other technical change.