GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	2
HOUSE BILL 1116
Committee Substitute Reported Without Prejudice 4/24/01

Short Title:	Death Penalty Moratorium.	()	
Sponsors:	     	
Referred to:	     	
April 12, 2001

A BILL TO BE ENTITLED
AN ACT TO ESTABLISH A MORATORIUM ON CARRYING OUT THE DEATH PENALTY AND TO CREATE A LEGISLATIVE STUDY COMMISSION ON  THE DEATH PENALTY.

The General Assembly of North Carolina enacts:
SECTION 1.  Notwithstanding any other provision of law, a moratorium is established with regard to carrying out any death penalty imposed by a court of this State. No person who has been or is sentenced to death by a court of this State shall be executed until the moratorium ends as provided by this act.
SECTION 2.  The moratorium on carrying out the death penalty shall end only upon action by the General Assembly addressing the fair and impartial administration of the death penalty in accordance with due process, and limiting, to the degree practicable, the risk that innocent persons may be executed. Action by the General Assembly pursuant to this section shall be supported by a study conducted during the period of the moratorium pursuant to Section 3 of this act.
SECTION 3.(a) Commission established. – There is established a Death Penalty Study Commission.
SECTION 3.(b) Membership. – The Commission shall be composed of 12 members as follows:
(1)	Four members of the House of Representatives, appointed by the Speaker of the House of Representatives.
(2)	Four members of the Senate, appointed by the President Pro Tempore of the Senate.
(3)	Two members of the public, appointed by the Speaker of the House of Representatives.
(4)	Two members of the public, appointed by the President Pro Tempore of the Senate.
SECTION 3.(c) Duties of the Commission. – The study shall include the examination of all the following:
(1)	The adequacy of counsel in all stages of capital cases, and the sufficiency of guidelines for the appointment and performance of such counsel.
(2)	The process for judicial review of the merits of constitutional claims in State postconviction and federal habeas corpus proceedings.
(3)	Any disproportionate racial impact from any aspect of capital case processing.
(4)	Whether there is discrimination in capital sentencing on the basis of the victim’s or the defendant’s race.
(5)	Whether mentally retarded persons should be executed.
(6)	Prosecutorial misconduct as a factor in the imposition of the death penalty.
(7)	The presence of innocent persons on death row.
SECTION 3.(d) Vacancies. – Any vacancy on the Commission shall be filled by the appointing authority.
SECTION 3.(e) Cochairs. – Cochairs of the Commission shall be designated by the Speaker of the House of Representatives and the President Pro Tempore of the Senate from among their respective appointees. The Commission shall meet upon the call of the chairs. A quorum of the Commission shall be six members.
SECTION 3.(f) Expenses of Members. – Members of the Commission shall receive per diem, subsistence, and travel allowances in accordance with G.S. 120‑3.1, 138‑5, or 138‑6, as appropriate.
SECTION 3.(g) Staff. – The Legislative Services Office shall assign professional and clerical staff to the assist the Commission in its work.
SECTION 3.(h) Consultants. – The Commission may hire consultants to examine specific issues and subjects related to the study, in accordance with G.S. 120‑32.02.
SECTION 3.(i) Meetings During Legislative Session. – The Commission may meet during a regular or extra session of the General Assembly, subject to approval of the Speaker of the House of Representatives and the President Pro Tempore of the Senate.
SECTION 3.(j) Meeting Location. – The Commission may meet at various locations around the State in order to promote greater public participation in its deliberations. The Legislative Services Commission shall grant adequate meeting space to the Commission in the State Legislative Building or the Legislative Office Building.
SECTION 3.(k) Report. – The Commission shall submit a final report of its findings and recommendations to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Governor, and the Attorney General no later than February 1, 2003. Upon the filing of its final report, the Commission shall terminate.
SECTION 4.  There is appropriated from the General Fund to the Legislative Services Commission the sum of fifty thousand dollars ($50,000) for the 2001‑2002 fiscal year and the sum of fifty thousand dollars ($50,000) for the 2002‑2003 fiscal year to fund the expenses of the Commission.
SECTION 5.  Sections 1, 2, and 5 of this act are effective when it becomes law.  Sections 3 and 4 of this act become effective July 1, 2001.