House committee substitute makes the following changes to 2nd edition.
Deletes all provisions in the previous version and replaces them with AN ACT TO AMEND THE RACIAL JUSTICE ACT TO PROVIDE FOR THE RELEVANCY OF STATISTICS FROM THE COUNTY OR PROSECUTORIAL DISTRICT WHERE THE CAPITAL DEFENDANT RECEIVED THE DEATH PENALTY.
Current law provides that 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 race was a significant factor in the decision to seek or impose the death sentence in the county, prosecutorial district, judicial division, or state at the time the sentence was sought or imposed. Amends GS 15A-2011(a) to provide that the finding may be established if the court finds that race was a significant factor in the decision to seek or impose the death penalty in the defendant’s case at the time the sentence was sought or imposed, which is the period 24 months before the commission of the offense through the date 24 months after the imposition of the death penalty. Enacts new subsection (a1) to provide that a defendant waives any objection to the imposition of a sentence of life imprisonment without parole when the defendant files a motion under the Racial Justice Act.
Moves several provisions previously included in subsection (b) to new subsection (d) and modifies the new provision as follows: states that evidence relevant to establish a finding that race was a significant factor in decisions to seek or impose the death sentence in the county or prosecutorial district (was, county, prosecutorial district, judicial division, or state) at the time the death penalty was sought may include statistical evidence from the county or prosecutorial district where the defendant was sentenced to death or other evidence that the race of the defendant was a significant factor. Adds judicial officials to the list of individuals who may contribute sworn testimony. Provides that 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 or prosecutorial district (was, county, prosecutorial district, judicial division, or state) at the time the sentence was sought or imposed. States that statistical evidence alone will not establish that race was a significant factor. Allows the state to offer rebuttal evidence including, but not limited to, statistical evidence. Deletes GS 15A-2012 (hearing procedure). Requires the defendant to raise a claim under the Racial Justice Act at the pretrial conference or in postconviction proceedings. Requires the court to dismiss the claim without an evidentiary hearing if the court finds the motion fails to state a claim and requires a hearing if the court finds the motion states a claim. Directs the court to order that the death sentence not be sought, or to vacate the death sentence and impose a sentence of life imprisonment without parole, if the court finds race was a significant factor.
Includes the following provisions related to the act’s applicability. Specifies that the act does not change any procedure for filing motions for appropriate relief in capital cases. Specifies that the act, including all provisions relevant to a finding that race was a significant factor in seeking or imposing the death penalty, applies to any motions for appropriate relief filed under the NC Racial Justice Act and applies to any hearing that commenced before this act’s effective date. Provides a person 60 days from this act’s effective date to amend a motion for appropriate relief filed under the Racial Justice Act. States that any hearings commenced before this act’s effective date will be continued and will not reconvene for at least 60 days. Specifies that the act does not authorize any additional motions for appropriate relief. States that the act does not apply to a motion for appropriate relief filed under the Racial Justice Act, if the court, before this act’s effective date, made findings of fact and conclusions of law after an evidentiary hearing; however, makes any further proceedings subject to the act if the trial court’s order is vacated or overturned. Includes a severability clause.
Applies to all capital trials held before, on, or after the date the act becomes law, and to all capital defendants sentenced to death before, on, or after that date.