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Key Votes

SB 461 - Racial Discrimination in Capital Sentences - Key Vote

North Carolina Key Votes

Bev Perdue signed this legislation.

Read recent statements Bev Perdue made in this general time period.

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Issues

Stage Details

Legislation - Signed (Executive) -

Title: Racial Discrimination in Capital Sentences

Signed by Governor Bev Perdue
Legislation - Concurrence Vote Passed (Senate) (25-18) - (Key vote)

Title: Racial Discrimination in Capital Sentences

Vote Smart's Synopsis:

Vote to pass a bill that prevents the execution of defendants if race is found to have been an underlying factor in the decision to seek the death penalty at the time of the trial.

Highlights:
-Allows a defendant to use statistical evidence of bias and other evidence, including but not limited to sworn testimonies of attorneys, prosecutors, and law enforcement officers, as proof that race was a significant factor during the trial (Sec. 1). -Places the burden of proof on the defendant to demonstrate that race was a key factor in the decision to seek death penalty at the time the sentence was sought or imposed (Sec. 1). -Mandates that the court, if the defendant proves that race was a factor in the original imposition of the death penalty, shall exchange the original sentence of death for a sentence of life imprisonment without the possibility of parole (Sec. 1). -Provides a one-year deadline on applications for a stay of execution on the grounds of racial bias with respect to persons whose sentence of death was imposed before the effective date of this act (Sec. 2). -Takes effect upon becoming law and applies retroactively (Sec. 2).
Note:

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.

See The Voting Record

Legislation - Bill Passed (House) (61-54) - (Key vote)

Title: Racial Discrimination in Capital Sentences

Vote Smart's Synopsis:

Vote to pass a bill that prevents the execution of defendants if race is found to have been an underlying factor in the decision to seek the death penalty at the time of the trial.

Highlights:
-Allows a defendant to use statistical evidence of bias and other evidence, including but not limited to sworn testimonies of attorneys, prosecutors, and law enforcement officers, as proof that race was a significant factor during the trial (Sec. 1). -Places the burden of proof on the defendant to demonstrate that race was a key factor in the decision to seek death penalty at the time the sentence was sought or imposed (Sec. 1). -Mandates that the court, if the defendant proves that race was a factor in the original imposition of the death penalty, shall exchange the original sentence of death for a sentence of life imprisonment without the possibility of parole (Sec. 1). -Provides a one-year deadline on applications for a stay of execution on the grounds of racial bias with respect to persons whose sentence of death was imposed before the effective date of this act (Sec. 2). -Takes effect upon becoming law and applies retroactively (Sec. 2).
Note:

NOTE: THIS IS A SUBSTITUTE BILL, MEANING THE LANGUAGE OF THE ORIGINAL BILL HAS BEEN REPLACED. THE DEGREE TO WHICH THE SUBSTITUTE BILL TEXT DIFFERS FROM THE PREVIOUS VERSION OF THE TEXT CAN VARY GREATLY.

See The Voting Record

Legislation - Bill Passed (Senate) (36-10) - (Key vote)

Title: Racial Discrimination in Capital Sentences

Vote Smart's Synopsis:

Vote to pass a bill that prevents the execution of defendants if race is found to have been an underlying factor in the decision to seek the death penalty at the time of the trial.

Highlights:
-Allows a defendant to use statistical evidence of bias and other evidence, including but not limited to sworn testimonies of attorneys, prosecutors, and law enforcement officers, as proof that race was a significant factor during the trial (Sec. 1). -Places the burden of proof on the defendant to demonstrate that race was a key factor in the decision to seek death penalty at the time the sentence was sought or imposed (Sec. 1). -Mandates that the court, if the defendant proves that race was a factor in the original imposition of the death penalty, shall exchange the original sentence of death for a sentence of life imprisonment without the possibility of parole (Sec. 1). -Imposes a one-year deadline on applications for a stay of execution on the grounds of racial bias following the effective date of this act (Sec. 1). -Provides that a licensed healthcare professional may not be subject to disciplinary action by any state authority for assisting with an execution (Sec. 2). - Applies retroactively all of the provisions of this act that have the purpose of eliminating racial bias in sentencing (Sec. 5).
See The Voting Record

Legislation - Introduced (Senate) -

Title: Racial Discrimination in Capital Sentences


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