North Carolina 2021-2022 Session Status: In Committee Bipartisan · 2 D · 1 R cosponsors

HB 912 — Improve Capital Procedures for Certain Cases.

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 2021-2022 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

132 added · 130 removed

Plain-language change summary

The updated version of House Bill 912 clarifies that defendants who have a severe mental disability at the time of their crime cannot be sentenced to death. It also establishes a process for pretrial hearings where defendants can demonstrate their mental condition, which would lead to their cases being treated as noncapital, meaning the death penalty wouldn't apply. These changes are significant because they aim to ensure that individuals with severe mental disabilities are not subject to the death penalty, promoting fairer treatment within the legal system.

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GENERAL ASSEMBLY OF NORTH CAROLINA H.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 1 HOUSE BILL 912 Short Title:
912 May 10, 2021 SESSION 2021 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH30405-MLa-83 Short Title:
Representative Hardister.
Representatives Hardister, Rogers, Moffitt, and Harrison (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 AMEND THE CAPITAL TRIAL, SENTENCING, AND POSTCONVICTION PROCEDURES FOR A PERSON WITH A SEVERE MENTAL DISABILITY AND TO PROVIDE THAT INSANITY IS NOT AVAILABLE AS A DEFENSE TO A CRIMINAL ACTION IF PRIOR ALCOHOL OR DRUG USE OR BOTH ARE THE SOLE CAUSE OF THE PSYCHOSIS OR IF VOLUNTARY INTOXICATION, A VOLUNTARY DRUGGED CONDITION, OR BOTH COMBINED ARE THE SOLE SUPPORT FOR THE DEFENSE.
Judiciary 3, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House May 11, 2021 A BILL TO BE ENTITLED AN ACT TO AMEND THE CAPITAL TRIAL, SENTENCING, AND POSTCONVICTION PROCEDURES FOR A PERSON WITH A SEVERE MENTAL DISABILITY AND TO PROVIDE THAT INSANITY IS NOT AVAILABLE AS A DEFENSE TO A CRIMINAL ACTION IF PRIOR ALCOHOL OR DRUG USE OR BOTH ARE THE SOLE CAUSE OF THE PSYCHOSIS OR IF VOLUNTARY INTOXICATION, A VOLUNTARY DRUGGED CONDITION, OR BOTH COMBINED ARE THE SOLE SUPPORT FOR THE DEFENSE.
(2) The defendant has the burden of production and persuasion to demonstrate by clear and convincing evidence (i.e., active, residual, or prodromal symptoms) that the mental disability was manifested at some date prior to the defendant's alleged conduct at the time of the offense in order to meet the test of severe mental disability under the provisions of this section.
(2) The defendant has the burden of production and persuasion to demonstrate by clear and convincing evidence (i.e., active, residual, or prodromal symptoms) that the mental disability was manifested at some date prior to the defendant's *H912-v-1* General Assembly Of North Carolina Session 2021 alleged conduct at the time of the offense in order to meet the test of severe mental disability under the provisions of this section.
*DRH30405-MLa-83* General Assembly Of North Carolina Session 2021 (b) Death Penalty Prohibited for Defendant With Severe Mental Disability at Time of Commission of Criminal Offense.
(b) Death Penalty Prohibited for Defendant With Severe Mental Disability at Time of Commission of Criminal Offense.
If the jury determines that the defendant had a severe mental disability at the time of the commission of the criminal offense, the court shall declare the case noncapital, and the defendant shall be sentenced to life imprisonment without parole.
If the jurydetermines that the defendant had a severe mental disability at the time of the commission of the criminal offense, the court shall declare the case noncapital, and the defendant shall be sentenced to life imprisonment without parole.
In all cases in which the death penalty may be authorized, the judge shall include in the judge's instructions to the jury that it must consider any aggravating circumstance orcircumstances ormitigatingcircumstanceor circumstances from the lists provided in subsections (e) and (f) of this section which may be supported by the evidence, Page 2 DRH30405-MLa-83 General Assembly Of North Carolina Session 2021 and shall furnish to the jury a written list of issues relating to such aggravating or mitigating circumstance or circumstances.
In all cases in which the death penalty may be authorized, the judge shall include in the judge's instructions to the jury that it must consider any Page 2 House Bill 912-First Edition General Assembly Of North Carolina Session 2021 aggravating circumstance orcircumstances ormitigatingcircumstanceor circumstances from the lists provided in subsections (e) and (f) of this section which may be supported by the evidence, and shall furnish to the jury a written list of issues relating to such aggravating or mitigating circumstance or circumstances.
If the court determines that the defendant had a severe mental disability at the time of the commission of the criminal offense, the defendant shall be sentenced to life imprisonment without parole." DRH30405-MLa-83 Page 3 General Assembly Of North Carolina Session 2021 SECTION 4.
If the court determines that the defendant had a severe mental disability at the time of the commission of the House Bill 912-First Edition Page 3 General Assembly Of North Carolina Session 2021 criminal offense, the defendant shall be sentenced to life imprisonment without parole." SECTION 4.
Page 4 DRH30405-MLa-83
Page 4 House Bill 912-First Edition
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Action History

  1. Passed 1st Reading

  2. Ref to the Com on Judiciary 3, if favorable, Appropriations, if favorable, Rules, Calendar, and Operations of the House

  3. Filed

Sponsors

  • Hardister · Primary
  • Rogers · Primary
  • Timothy D. Moffitt · Primary
  • Pricey Harrison · Cosponsor
  • Adcock · Cosponsor
  • Autry · Cosponsor
  • Farkas · Cosponsor
  • Fisher · Cosponsor
  • Harris · Cosponsor
  • Hunt · Cosponsor
  • Lucas · Cosponsor
  • Brian Turner · Cosponsor

Sponsorship breakdown

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3 sponsors · 9 co-sponsors · 167 not signed on

Sponsors (3)

Co-sponsors (9)

Not signed on (167)

167 members have not signed on to this bill.

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"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

Votes

Second Reading

Passed 49 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 15001
Unaffiliated 8000
Republican 26000
Total 49001
% of votes cast 98%0%0%2%
How each member voted (50)
Member Party Vote
Bode — Yea
Hunt — Yea
Marcus — Yea
Woodard — Yea
Krawiec — Yea
Perry — Yea
Proctor — Yea
P. Newton — Yea
Dan Blue Democratic Yea
DeAndrea Salvador Democratic Yea
Gale Adcock Democratic Yea
Gladys A. Robinson Democratic Not Voting
Graig Meyer Democratic Yea
Jay J. Chaudhuri Democratic Yea
Joyce Waddell Democratic Yea
Julie Mayfield Democratic Yea
Kandie D. Smith Democratic Yea
Lisa Grafstein Democratic Yea
Michael Garrett Democratic Yea
Mujtaba A. Mohammed Democratic Yea
Natalie S. Murdock Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Sydney Batch Democratic Yea
Val Applewhite Democratic Yea
Amy S. Galey Republican Yea
Benton G. Sawrey Republican Yea
Bill Rabon Republican Yea
Bobby Hanig Republican Yea
Brad Overcash Republican Yea
Brent Jackson Republican Yea
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Yea
David W. Craven, Jr. Republican Yea
Eddie D. Settle Republican Yea
Jake Johnson Republican Yea
Jim Burgin Republican Yea
Kevin Corbin Republican Yea
Lisa S. Barnes Republican Yea
Michael A. Lazzara Republican Yea
Michael V. Lee Republican Yea
Norman W. Sanderson Republican Yea
Paul Newton Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Steve Jarvis Republican Yea
Timothy D. Moffitt Republican Yea
Tom McInnis Republican Yea
Vickie Sawyer Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

Subjects

public-safety health-insurance
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 912?
HB 912 is sponsored by Hardister, Rogers, Timothy D. Moffitt (Republican), Pricey Harrison (Democratic), Adcock, Autry, Farkas, Fisher, Harris, Hunt, Lucas, and Brian Turner (Democratic).
What is the current status of HB 912?
This bill died with 2021-2022 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 912?
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