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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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