North Carolina 2017-2018 Session Status: In Committee 2 D cosponsors

HB 604 — Repeal Death Penalty.

Last action — Passed 1st Reading

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

324 added · 323 removed

Plain-language change summary

In the latest version of House Bill 604, a few important sections relating to murder definitions and penalties have been maintained, while specific language surrounding the punishment for individuals under 18 has been clarified. The revisions ensure that the law remains consistent in categorizing the gravity of murder committed with serious intent, while still accounting for the age of offenders. This matters because it balances the need for public safety and justice with an understanding of the differing capabilities of minors.

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GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 1 HOUSE BILL 604 Short Title:
604 Apr 5, 2017 SESSION 2017 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH10155-LH-108A (03/22) Short Title:
Representative Meyer.
Representatives Meyer, Michaux, Holley, and Black (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
A BILL TO BE ENTITLED 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.
Rules, Calendar, and Operations of the House April 6, 2017 A BILL TO BE ENTITLED 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.
Sentences for violent habitual felons imposed under this Article shall run consecutively with and shall commence at the expiration of any other sentence being served by the person." SECTION 6.
Sentences for violent habitual felons imposed under this Article shall run consecutively with and shall commence at the expiration of any other sentence being served by the person." *H604-v-1* General Assembly Of North Carolina Session 2017 SECTION 6.
*DRH10155-LH-108A* General Assembly Of North Carolina Session 2017 "§ 14-17.
"§ 14-17.
After giving any defendant charged in connection with the case an opportunity to be heard, the court may order that the collecting agency take reasonable measures to remove or preserve for retention portions of evidence likely to contain biological evidence related to the offense through cuttings, swabs, or other means consistent with Crime Laboratory minimum guidelines in a quantity sufficient to permit DNA testing before returning or disposing of the evidence." SECTION 10.
After giving any defendant charged in connection with the case an opportunity to be heard, the court may order that the collecting agency take reasonable measures to remove or preserve for retention portions of evidence likely to contain biological evidence related to the offense through cuttings, swabs, or other means consistent with Crime Laboratory minimum guidelines in a quantity sufficient to permit DNA testing before returning or disposing of the evidence." Page 2 House Bill 604-First Edition General Assembly Of North Carolina Session 2017 SECTION 10.
Page 2 DRH10155-LH-108A [v.3] (03/17) General Assembly Of North Carolina Session 2017 "§ 15A-734.
"§ 15A-734.
15A-1340.16 that an aggravated or mitigated sentence is appropriate.
15A-1340.16 House Bill 604-First Edition Page 3 General Assembly Of North Carolina Session 2017 that an aggravated or mitigated sentence is appropriate.
DRH10155-LH-108A [v.3] (03/17) Page 3 General Assembly Of North Carolina Session 2017 (3) A mitigated range of minimum durations if the court finds pursuant to G.S.
(3) A mitigated range of minimum durations if the court finds pursuant to G.S.
PRIOR RECORD LEVEL I II III IV V VI 0-1 Pt 2-5 Pts 6-9 Pts 10-13 Pts 14-17 Pts 18+ Pts A Life Imprisonment With Parole or Without Parole, or Death, as Established by Statute A A A A A A DISPOSITION 240-300 276-345 317-397 365-456 Life Imprisonment Aggravated Without Parole B1 192-240 221-276 254-317 292-365 336-420 386-483 PRESUMPTIVE 144-192 166-221 190-254 219-292 252-336 290-386 Mitigated A A A A A A DISPOSITION 157-196 180-225 207-258 238-297 273-342 314-393 Aggravated B2 125-157 144-180 165-207 190-238 219-273 251-314 PRESUMPTIVE 94-125 108-144 124-165 143-190 164-219 189-251 Mitigated A A A A A A DISPOSITION 73-92 83-104 96-120 110-138 127-159 146-182 Aggravated C 58-73 67-83 77-96 88-110 101-127 117-146 PRESUMPTIVE 44-58 50-67 58-77 66-88 76-101 87-117 Mitigated A A A A A A DISPOSITION 64-80 73-92 84-105 97-121 111-139 128-160 Aggravated D 51-64 59-73 67-84 78-97 89-111 103-128 PRESUMPTIVE 38-51 44-59 51-67 58-78 67-89 77-103 Mitigated I/A I/A A A A A DISPOSITION 25-31 29-36 33-41 38-48 44-55 50-63 Aggravated E 20-25 23-29 26-33 30-38 35-44 40-50 PRESUMPTIVE 15-20 17-23 20-26 23-30 26-35 30-40 Mitigated I/A I/A I/A A A A DISPOSITION 16-20 19-23 21-27 25-31 28-36 33-41 Aggravated F 13-16 15-19 17-21 20-25 23-28 26-33 PRESUMPTIVE 10-13 11-15 13-17 15-20 17-23 20-26 Mitigated I/A I/A I/A I/A A A DISPOSITION 13-16 14-18 17-21 19-24 22-27 25-31 Aggravated G 10-13 12-14 13-17 15-19 17-22 20-25 PRESUMPTIVE 8-10 9-12 10-13 11-15 13-17 15-20 Mitigated C/I/A I/A I/A I/A I/A A DISPOSITION 6-8 8-10 10-12 11-14 15-19 20-25 Aggravated H 5-6 6-8 8-10 9-11 12-15 16-20 PRESUMPTIVE 4-5 4-6 6-8 7-9 9-12 12-16 Mitigated C C/I I I/A I/A I/A DISPOSITION 6-8 6-8 6-8 8-10 9-11 10-12 Aggravated I 4-6 4-6 5-6 6-8 7-9 8-10 PRESUMPTIVE Page 4 DRH10155-LH-108A [v.3] (03/17) General Assembly Of North Carolina Session 2017 3-4 3-4 4-5 4-6 5-7 6-8 Mitigated" SECTION 15.
PRIOR RECORD LEVEL I II III IV V VI 0-1 Pt 2-5 Pts 6-9 Pts 10-13 Pts 14-17 Pts 18+ Pts A Life Imprisonment With Parole or Without Parole, or Death, as Established by Statute A A A A A A DISPOSITION 240-300 276-345 317-397 365-456 Life Imprisonment Aggravated Without Parole B1 192-240 221-276 254-317 292-365 336-420 386-483 PRESUMPTIVE 144-192 166-221 190-254 219-292 252-336 290-386 Mitigated A A A A A A DISPOSITION 157-196 180-225 207-258 238-297 273-342 314-393 Aggravated B2 125-157 144-180 165-207 190-238 219-273 251-314 PRESUMPTIVE 94-125 108-144 124-165 143-190 164-219 189-251 Mitigated A A A A A A DISPOSITION 73-92 83-104 96-120 110-138 127-159 146-182 Aggravated C 58-73 67-83 77-96 88-110 101-127 117-146 PRESUMPTIVE 44-58 50-67 58-77 66-88 76-101 87-117 Mitigated A A A A A A DISPOSITION 64-80 73-92 84-105 97-121 111-139 128-160 Aggravated D 51-64 59-73 67-84 78-97 89-111 103-128 PRESUMPTIVE 38-51 44-59 51-67 58-78 67-89 77-103 Mitigated I/A I/A A A A A DISPOSITION 25-31 29-36 33-41 38-48 44-55 50-63 Aggravated E 20-25 23-29 26-33 30-38 35-44 40-50 PRESUMPTIVE 15-20 17-23 20-26 23-30 26-35 30-40 Mitigated I/A I/A I/A A A A DISPOSITION 16-20 19-23 21-27 25-31 28-36 33-41 Aggravated F 13-16 15-19 17-21 20-25 23-28 26-33 PRESUMPTIVE 10-13 11-15 13-17 15-20 17-23 20-26 Mitigated I/A I/A I/A I/A A A DISPOSITION 13-16 14-18 17-21 19-24 22-27 25-31 Aggravated G 10-13 12-14 13-17 15-19 17-22 20-25 PRESUMPTIVE 8-10 9-12 10-13 11-15 13-17 15-20 Mitigated C/I/A I/A I/A I/A I/A A DISPOSITION 6-8 8-10 10-12 11-14 15-19 20-25 Aggravated H 5-6 6-8 8-10 9-11 12-15 16-20 PRESUMPTIVE 4-5 4-6 6-8 7-9 9-12 12-16 Mitigated C C/I I I/A I/A I/A DISPOSITION Page 4 House Bill 604-First Edition General Assembly Of North Carolina Session 2017 6-8 6-8 6-8 8-10 9-11 10-12 Aggravated I 4-6 4-6 5-6 6-8 7-9 8-10 PRESUMPTIVE 3-4 3-4 4-5 4-6 5-7 6-8 Mitigated" SECTION 15.
(3) Upon a previous appeal the defendant was in a position to adequately raise the ground or issue underlying the present motion but did not do so.
House Bill 604-First Edition Page 5 General Assembly Of North Carolina Session 2017 (3) Upon a previous appeal the defendant was in a position to adequately raise the ground or issue underlying the present motion but did not do so.
DRH10155-LH-108A [v.3] (03/17) Page 5 General Assembly Of North Carolina Session 2017 (4) The defendant failed to file a timely motion for appropriate relief as required by G.S.
(4) The defendant failed to file a timely motion for appropriate relief as required by G.S.
a.
Page 6 House Bill 604-First Edition General Assembly Of North Carolina Session 2017 a.
Page 6 DRH10155-LH-108A [v.3] (03/17) General Assembly Of North Carolina Session 2017 b.
b.
The Attorney General shall, on behalf of each person convicted of a capital offense and sentenced to death on or before the effective date of this section, petition the court in which the person was convicted to resentence the person pursuant to this section.
The Attorney General shall, on behalf of each person convicted of a capital offense and sentenced to death on or before the effective date of this section, petition the House Bill 604-First Edition Page 7 General Assembly Of North Carolina Session 2017 court in which the person was convicted to resentence the person pursuant to this section.
Upon DRH10155-LH-108A [v.3] (03/17) Page 7 General Assembly Of North Carolina Session 2017 hearing the petition, the court shall order that the death sentence imposed by the judgment be vacated and the defendant resentenced to life imprisonment without the possibility of parole.
Upon hearing the petition, the court shall order that the death sentence imposed by the judgment be vacated and the defendant resentenced to life imprisonment without the possibility of parole.
Page 8 DRH10155-LH-108A [v.3] (03/17)
Page 8 House Bill 604-First Edition
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How this bill changes current law

13 changes Share ↗

Compared against the N.C. General Statutes as published AI-generated reading aid — verify against the official bill.

The bill repeals the death penalty in North Carolina, replacing it with life imprisonment without the possibility of parole for those previously sentenced to death.

  • G.S. 7A-450

    An indigent person indicted for murder may not be tried where the State is seeking the death penalty without an assistant counsel being appointed in a timely manner.

    The requirement for assistant counsel for indigent persons indicted for murder is removed, as the death penalty is abolished.

  • G.S. 7A-498.8

    Recruiting qualified members of the private bar who are willing to provide representation in State and federal death penalty postconviction proceedings. → Recruiting qualified members of the private bar who are willing to provide representation.

    The responsibility to recruit counsel for death penalty cases is eliminated, as the death penalty no longer exists.

  • G.S. 14-7.2

    except in those cases where the death penalty or a life sentence is imposed. → except in those cases where a life sentence is imposed.

    The reference to death penalty sentencing is removed, allowing only life sentences.

  • G.S. 14-7.8

    except in those cases where the death penalty is imposed. → except in those cases where a life sentence is imposed.

    The provision now accounts only for life sentences, eliminating any mention of the death penalty.

  • G.S. 14-7.12

    except where the death penalty is imposed), → except where a life sentence is imposed),

    Life imprisonment without parole replaces the death penalty in sentencing guidelines.

  • G.S. 14-17

    and any person who commits such murder shall be punished with death or imprisonment in the State's prison for life without parole. → and any person who commits such murder shall be punished with imprisonment in the State's prison for life without parole.

    The death penalty option is completely removed from the punishment for first-degree murder.

  • G.S. 15-176.1

    Repealed.

    The statute related to death penalty procedures is entirely repealed.

  • G.S. 15A-268(a6)

    For conviction resulting in a sentence of death, until execution.

    References to death penalty evidence retention are removed.

  • G.S. 15A-734

    upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by death or imprisonment for a term exceeding one year, → upon reasonable information that the accused stands charged in the courts of a state with a crime punishable by imprisonment for a term exceeding one year,

    The clause concerning arrest linked to capital offenses no longer applies.

  • G.S. 15A-736

    shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, → shown to be an offense punishable by life imprisonment under the laws of the state in which it was committed,

    Judicial handling of bail no longer references the death penalty.

  • G.S. 15A-1201(b)

    to trial by jury for which the State is seeking a sentence of death in superior court → to trial by jury for which the State is not seeking a sentence of death in superior court

    Waiver of jury trial provisions are modified to exclude the death penalty.

  • Part 2 of Article 81B of Chapter 15A

    § 15A-1340.13A. Death penalty abolished. Notwithstanding any other provision of law, no crime shall be punishable by death.

    Establishes the formal abolition of the death penalty as a sentencing option.

  • G.S. 15A-1340.17(c)

    or Death, as Established by Statute

    The punishment chart no longer includes death as a possible sentence.

Action History

  1. Passed 1st Reading

  2. Ref To Com On Rules, Calendar, and Operations of the House

  3. Filed

Sponsors

  • Terry · Cosponsor
  • Michaux · Primary
  • Meyer · Primary
  • Insko · Cosponsor
  • Holley · Primary
  • Pricey Harrison · Cosponsor
  • Gill · Cosponsor
  • Floyd · Cosponsor
  • Fisher · Cosponsor
  • Farmer-Butterfield · Cosponsor
  • Black · Cosponsor
  • B. Richardson · Cosponsor
  • Cecil Brockman · Cosponsor

Sponsorship breakdown

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3 sponsors · 10 co-sponsors · 166 not signed on

Sponsors (3)

  • Michaux
  • Meyer
  • Holley

Co-sponsors (10)

Not signed on (166)

166 members have not signed on to this bill.

Show all 166 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 604?
HB 604 is sponsored by Terry, Michaux, Meyer, Insko, Holley, Pricey Harrison (Democratic), Gill, Floyd, Fisher, Farmer-Butterfield, Black, B. Richardson, and Cecil Brockman (Democratic).
What is the current status of HB 604?
This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 604?
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