Bill Summary for H 638 (2023-2024)

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Summary date: 

Apr 17 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 638 (Public) Filed Monday, April 17, 2023
AN ACT TO REPEAL THE DEATH PENALTY AND TO PROVIDE THAT ALL CURRENT PRISONERS SENTENCED TO DEATH SHALL BE RESENTENCED TO LIFE IMPRISONMENT WITHOUT THE POSSIBILITY OF PAROLE.
Intro. by Alston, Hawkins, Morey, Harrison.

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Bill summary

Substantively identical to S 109, filed 2/15/23, except includes whereas clauses.

Enacts new GS 15A-1340.13A, which provides that no crime shall be punishable by death. Makes conforming changes to criminal laws and procedures in GS Chapters 7A, 14, 15, and 15A by removing all reference to punishment by death. Repeals GS Chapter 15, Subchapter XV, related to capital punishment.

Amends GS Chapter 90 to remove language in the practice acts referencing the role of doctors, nurses, and pharmacists participating in an execution.

Directs the Attorney General to petition courts to vacate every death sentence and resentence the person to life imprisonment without the possibility of parole.   

Effective when the act becomes law and applies to any person sentenced to death before, on, or after that date.