House committee substitute makes the following changes to 3rd edition. Changes the title to AN ACT TO AMEND DEATH PENALTY PROCEDURES.
Amends GS 15-188 (manner and place of execution) to delete the requirement that the Governor and Council of State must approve of the execution protocols. Applies to executions scheduled after the effective date of this act.
Current law requires the state to give prior notice of the intent to try a case as a capital case and to comply with the time limits for the notice of intent to proceed with a capital case as stated in Rule 24 of the General Rules of Practice for the Superior and District Courts. Amends GS 15A-2004(b) to provide that the court may discipline or sanction the prosecution for failing to comply with the time requirements of Rule 24 but prohibits the court from declaring the case to be a non-capital case based on the failure to meet the Rule 24 time requirements. Requires that the court continue the case in order to avoid any prejudice to the defendant. Effective for Rule 24 hearings on or after the date this act becomes effective.
Amends GS 15A-2011 to define the time the sentence was sought or imposed, as the period from 10 years before the commission of the offense through the date that is two years after the imposition of the death penalty (was, the period 24 months before the commission of the offense through the date 24 months after the imposition of the death penalty). Adds that evidence relevant to establish a finding that race was a significant factor in decisions to seek or impose death may include statistical evidence derived from the county or prosecutorial district where the defendant was sentenced to death, or other evidence, that race was a significant factor in decisions to exercise peremptory challenges during jury selection.
Clarifies the repeal of GS 15A-2012 (hearing procedure under the Racial Justice Act, Article 101 of GS Chapter 15A).
Makes organizational changes.