CAPITAL PUNISHMENT/AMENDMENTS.

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.

Status: Ch. SL 2013-154 (Senate Action) (Jun 19 2013)
S 306/S.L. 2013-154

Bill Summaries:

  • Summary date: Jun 24 2013 - More information

    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. Enacted June 19, 2013. Effective June 19, 2013.


  • Summary date: Jun 3 2013 - More information

    House committee substitute to the 2nd edition makes the following changes. Amends GS 15-194 to require the Attorney General to provide written notification to the Secretary of the Department of Public Safety of specified events triggering the implementation of the sentence no more than 90 days (was, 60) after the event occurs. Also requires the Secretary to schedule a date for the execution of the death sentence no less than 15 days (was, 30 days) or more than 120 days (was, 60 days) from the date of receiving the notification. Changes the due date of the report to be made by the Attorney General to the Joint Legislative Oversight Committee on Justice and Public Safety to April 1, 2014 (was, 2013).

    Amends GS 15-190 to require a licensed physician (was, surgeon or physician of the penitentiary) to be present at executions. Changes the due date of the report to be made by the warden to the Joint Legislative Oversight Committee on Justice and Public Safety to April 1, 2014 (was, 2013).


  • Summary date: Mar 27 2013 - More information

    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.


  • Summary date: Mar 13 2013 - More information

    Enacts new GS 15-188.1 to (1)prohibit any board, commission or other authority, which regulates or overseesthe practice of health care professionals, from sanctioning or subjecting to any disciplinary action, any licensed health care professionals for assisting with an execution under Article 19 of GS Chapter 15and (2) provide that the administration of lethal substances under Article 19 to inflictcapital punishment is not to be construed as the practice of medicine.

    Amends GS 90-1.1(5) to clarify that the administration of lethal substances or any other assistance with an execution under Article 19 does not constitute the practice of medicine or surgery. Makes a conforming change to this section. Amends GS 90-85.38(b) (pharmacy) and GS 90-171.20(4) (nursing) to specify that the administration of lethal substances or otherwise assisting with an execution does not constitute the practice of pharmacy or nursing, respectively.

    Current law does not require the sentencing judge to specify a date and timeto carry outthe execution of a convicted defendant in a death penalty case. 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 less than 30 days nor more than 60 days from the occurrence of such events.

    Requires the AG to submit a written report to the Joint Legislative Oversight Committee on Justice and Public Safety on the status of all pending post-conviction capital cases, with the first report due April 1, 2013.

    Amends GS 15-188 to provide that the mode of execution must be in every case by administering an intravenous injection of a substance or substances in a lethal quantity sufficient to cause death until the person is dead. Requires that the procedure be determined by the Secretary of the Department of Public Safety in compliance with the federal and state constitutions (was, administer a lethal quantity of an ultrashort acting barbiturate in combination with a chemical paralytic agent until the convict or felon is dead). Provides that procedures and substances used to carry out a death sentence before this act becomes effective are not abated or changed by this act.

    Amends GS 15-90 to require the warden to report to the Joint Legislative Committee on Justice and Public Safety on the status of persons designated by the warden to execute death sentences under Article 19 of GS Chapter 15, with the first report due April 1, 2013.

    Section 5 of this act repeals Article 101 of GS Chapter 15A, the North Carolina Racial Justice Act (RJA). Asserts that the intent and purpose, and sole effect of this section, is to remove the use of statistics to prove intentional discrimination in a specific case. Provides that a district attorney may request the AG to assume primary responsibility for litigation in superior or appellate court of any claims or issues resulting from a petition for relief that has been filed or may be filed under the RJA, or any issues or matters relating to the repeal of the RJA under this act. Except as otherwise provided, this section is retroactive and applies to any motion for appropriate relief filed underthe RJA before the effective date of this act. Voids allmotions filed under the RJA prior to the effective date of this act. 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.

    This act is effective when it becomes law.


Printer-friendly: Click to view