Bill Summary for H 723 (2021-2022)

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Summary date: 

Apr 28 2021

Bill Information:

View NCGA Bill Details2021
House Bill 723 (Public) Filed Wednesday, April 28, 2021
AN ACT TO REENACT THE RACIAL JUSTICE ACT AND TO PROHIBIT THE STATE FROM SEEKING A CRIMINAL CONVICTION OR SENTENCE ON THE BASIS OF RACE, ETHNICITY, OR NATIONAL ORIGIN.
Intro. by Alston, Morey, Harrison, Autry.

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Bill summary

Re-enacts Article 101 of GS Chapter 15A (The Racial Justice Act). Amends Article 101 of Chapter 15A of the General Statutes as re-enacted by adding GS 15A-2013 which does the following:
(1) Prohibits the State from seeking or obtaining a criminal conviction or sentence on the basis of race, ethnicity, or national origin. Violations of this prohibition include: (i) a judge, juror, attorney, officer, or expert witness exhibits bias towards the defendant or uses racially discriminatory language because of the defendant’s race, ethnicity, or national origin; (ii) race, ethnicity, or national origin was a factor in using a preemptory challenge; (iii) the defendant was charged or convicted of a more serious offense than others similarly situated who committed the same offense, and the prosecution more often sought convictions for more serious offenses against people who share the defendant’s race, ethnicity, or national origin; (iv) the defendant received a longer or more serious sentence than others similarly situated who were convicted of the same offense, and longer or more serious sentences are more often imposed on people who share the defendant’s race, ethnicity, or national origin; (v) the defendant received a longer or more serious sentence than others similarly situated who were convicted of the same offense, and longer or more serious sentences are more often imposed on defendants in cases with victims of one race, ethnicity, or national origin.
(2) Provides for a motion alleging violation of this prohibition, and requires a hearing on the motion if the defendant makes a prima facia showing of a violation of this prohibition.
(3) Requires that evidence may be provided at the hearing by either party, the violation must be proven beyond a preponderance of the evidence, and the court must make findings on the record.
(4) Provides removal of a juror, mistrial, empaneling a new jury, and making adjustments to the charges are remedies for a violation of this prohibition found prior to judgement.
(5) Provides that vacating the judgement and holding new proceedings or vacating the sentence and resentencing are remedies for a violation of this prohibition found after judgement.
(6) Provides that a defendant is not eligible for the death penalty if a violation of this prohibition is found.
(7) Provides that the prohibitions and provisions of this section apply to juvenile court proceeding.
Effective when the bill becomes law and applies retroactively.