AN ACT 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.
Identical to S 668, filed 4/3/19.
Contains whereas clauses.
Enacts new GS 15A-2007 (Defendant with severe mental disability; death sentence prohibited). Defines severe mental disability, and places the burden on the defendant of proving, by clear and convincing evidence, that a severe mental disability predates the alleged offense. Prohibits the death penalty for defendants with severe mental disability at the time of the commission of a criminal offense. Specifies procedure for a court's pre-trial determination of a severe mental disability. Provides that a person found to have a severe mental disability at the time of the commission of the criminal offense waives the defense of not guilty by reason of insanity. Specifies procedure for the introduction of evidence to a sentencing jury regarding a severe mental disability, when a court's pre-trial hearing does not find the existence of a severe mental disability. Places the burden on the defendant of proving the severe mental disability to the jury by a preponderance of the evidence. Authorizes a jury to consider evidence of disability when determining mitigating factors, even if the jury determines that the defendant did not have a severe mental disability. Provides that defendants with severe mental disability may be given any other authorized sentence.
Makes conforming changes to GS 15A-2000(b).
Effective October 1, 2019, and applies to trials docketed to begin on or after that date.
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