HB 270 — Revise Law on the Death Penalty.

GENERAL ASSEMBLY OF NORTH CAROLINA H.B.SESSION 2025 H 1 HOUSE BILL 270 Short Title:

270 Mar 3, 2025 SESSION 2025 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH40128-ML-71 Short Title:

RepresentativeRepresentatives Willis.Willis, Pyrtle, Miller, and Ward (Primary Sponsors).

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Judiciary 2, if favorable, State and Local Government, if favorable, Rules, Calendar, and Operations of the House March 5, 2025 A BILL TO BE ENTITLED AN ACT TO REVISE THE METHODS OF EXECUTION AVAILABLE FOR A PERSON CONVICTED OF A CRIMINAL OFFENSE AND SENTENCED TO DEATH.

15-187,themodeofexecutingadeathsentencemustinevery case be by administering to the convict or felon an intravenous injection of a substance or substances in a lethal quantity sufficient to cause death and until the person is dead, and that procedure shall be determined bybythe theSecretaryof Secretary of the Department of Adult Correction, who shall ensurecompliancewith thefederal andStateconstitutions;

andwhenanyperson,convictorfelon shall be sentenced by any court of the State having competent jurisdiction to be so executed, the punishment shall only be inflicted within a permanent death chamber which the superintendent oftheStatepenitentiaryis herebyherebyauthorizedanddirectedto authorizedanddirectedto providewithinthewalls oftheNorth Carolina penitentiary at Raleigh, North Carolina.

The superintendent of the State penitentiary shall also cause to be provided, in conformity with this Article, the necessary appliances for the infliction of the punishment of death and qualified personnel to set up and prepare the injection, administer the preinjections, insert the IV catheter, and to perform *H270-v-1* General Assembly Of North Carolina Session 2025 other tasks required for this procedure in accordance with the requirements of this Article.appliances.

*DRH40128-ML-71* General Assembly Of North Carolina Session 2025 (d) Upon receipt of the notice of execution, the Secretary of the Department of Adult Correction shall determine and certifycertifybyaffidavit by affidavit under penaltypenaltyof of perjury to the North Carolina Supreme Court whether the methods provided in subsection (a) of this section are available.

(f) If execution bybylethal lethal injection under this section is determined and certified pursuant to subsection (d) of this section to be unavailable by the Secretary of the Department of Adult Correction or is held to be unconstitutional by an appellate court of competent jurisdiction, then the manner of inflicting a death sentence must be by electrocution, unless the convicted person elects death by firing squad.

Theidentities,includingthenames,residential addresses, residential telephone numbers, and social security numbers, of witnesses or persons designated to carrycarryout out the execution shall be confidential and exempted from Chapter 132 of the General Statutes and are not subject to discovery or introduction as evidence in any proceeding.

TheSeniorResidentPage SuperiorCourtJudgefor2 WakeCountyHouse mayorderdisclosureofnamesmadeBill Page270-First 2Edition DRH40128-ML-71 General Assembly Of North Carolina Session 2025 TheSeniorResident SuperiorCourtJudgeforWakeCountymayorderdisclosureofnamesmade confidential by this section after making findings that support a conclusion that disclosure is necessary to a proper administration of justice.

For purposes of this section, a "medical professional other than a physician" means a physician assistant, nurse practitioner, registered nurse, emergency medical technician, or emergencyemergencymedical medical technician-paramedic who is licensed or credentialed by the licensing board, agency, or organization responsible for licensing or credentialing that profession." SECTION 5.

DRH40128-ML-71House Bill 270-First Edition Page 3