House committee substitute makes the following changes to the 1st edition. Deletes all provisions of the 1st edition and replaces them with AN ACT TO REFORM THE RACIAL JUSTICE ACT OF 2009 TO BE CONSISTENT WITH THE UNITED STATES SUPREME COURT’S RULING IN MCCLESKEY V. KEMP.
Amends GS 15A-2011 (proof of racial discrimination under the NC Racial Justice Act), by deleting most provisions and stating that, at trial or upon a motion for appropriate relief filed under Article 89 of GS Chapter 15A, a finding that race was the basis of the decision to seek or impose a death sentence may be established if the court finds that the state acted with discriminatory purpose in seeking the death penalty or in selecting the jury that sentenced the defendant, or one or more of the jurors acted with discriminatory purpose in the guilt-innocence or sentencing phases of the defendant’s trial. Also states that the defendant has the burden of proving that there was discriminatory purpose in seeking or imposing the death sentence in the defendant’s case, and that the state may offer evidence to rebut the claims or evidence of the defendant. Under current law, the defendant has the burden of proving that race was a significant factor in decisions to seek or impose the death sentence in the county, prosecutorial district, judicial division, or the State at the time the death sentence was sought or imposed, and allows the state to offer statistical evidence in rebuttal. Deletes GS 15A-2012, which sets out the hearing procedure.
Clarifies that the act supersedes and nullifies provisions of Article 101A (appears to reference Article 101) of GS Chapter 15A that existed before the act’s effective date and are repealed by the act. Includes a severability clause, and specifies that the act does not amend or modify the statutory or common law applicable to trial or postconviction proceedings in capital cases that existed before July 1, 2009. States that the act does not change any provision in Article 89 of GS Chapter 15A (Motion for Appropriate Relief and other post-trial relief) concerning the procedure for filing motions for appropriate relief in capital cases. Sets forth additional provisions on the act’s interpretation. Includes whereas clauses.
The act is effective when it becomes law and applies to all capital trials held prior to, on, or after the effective date and to all capital defendants sentenced to the death penalty prior to, on, or after the effective date.