Bill Summary for H 659 (2011-2012)
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Summary date:
Jun 2 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
House amendment makes the following changes to 2nd edition. Amends proposed GS 15A-2008(1), clarifying that a defendant may seek appropriate relief from the defendant's death sentence if the defendant submits credible and verifiable evidence of a prior severe mental disability, as defined, at the time of the commission of the capital crime. Amends proposed GS 15A-2007(a)(2), clarifying that the defendant must demonstrate by clear and convincing evidence that the mental disability was manifested at some date (was, at some time) prior to the alleged conduct at the time of the offense in order to meet the test of severe mental disability.