Bill Summary for S 306 (2013-2014)

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Summary date: 

Mar 27 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 306 (Public) Filed Wednesday, March 13, 2013
A BILL TO BE ENTITLED AN ACT TO EXCLUDE THE ADMINISTRATION OF A LETHAL INJECTION FROM THE PRACTICE OF MEDICINE; TO CODIFY THE LAW THAT PROHIBITS REGULATORY BOARDS FROM SANCTIONING HEALTH CARE PROFESSIONALS FOR ASSISTING IN THE EXECUTION PROCESS; TO AMEND THE LAW ON THE ADMINISTRATION OF A LETHAL INJECTION; TO REQUIRE THE SETTING OF AN EXECUTION DATE IF ANY OF THE EVENTS WHICH ARE PROVIDED BY STATUTE HAVE OCCURRED; TO ELIMINATE THE PROCESS BY WHICH A DEFENDANT MAY USE STATISTICS TO HAVE A SENTENCE OF DEATH REDUCED TO LIFE IN PRISON WITHOUT PAROLE; TO REQUIRE PERIODIC REPORTS ON THE TRAINING AND AVAILABILITY OF PERSONNEL TO CARRY OUT A DEATH SENTENCE; AND TO REQUIRE PERIODIC REPORTS ON THE STATUS OF PENDING POSTCONVICTION CAPITAL CASES.
Intro. by Goolsby.

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Bill summary

Senate committee substitute makes the following changes to the 1st edition.

Amends GS 15-194 to direct the state Attorney General (AG) (was, state AG or thedistrict attorney who prosecuted the case) toprovide written notification of specified events relating to post-conviction proceedings to theSecretary of the Department of Public Safety not more than 60 days from the occurrence of such events (was,not less than 30 days nor more than 60 days from the occurrence of such events).

The 1st edition voids allmotions filed under the Racial Justice Act (RJA) prior to the effective date of this act; however, provides an exception, declaring that this section does not apply in any case wherea finalorder has been issuedby a court of competent jurisdictionprior to the effective date of this act and the petitioner has beenre-sentenced to lifewithout parole under the provisions of the RJA. Modifies the exception to provide thatit applies toa court order re-sentencng a petitioner to life imprisonment without parole under the RJA, only if the order is affirmed upon appellate review and becomes a final order issued by a court of competent jurisdiction. Also provides that this section applies to a case in which a court re-sentenced a petitioner to life imprisonment without parole under theRJA prior to the effective date of this act if the order is vacated upon appellate review by a court of competent jurisdiction.

Makes a technical correction to GS 90-85.38(b) as amended by this act.