A BILL TO BE ENTITLED
AN ACT to amend the criminal offense of second degree murder, to amend the aggravating circumstances that may be considered for capital cases, and to provide that a case may be tried as a capital case only if the court determines at a hearing conducted pursuant to rule 24 of the general rules of practice for superior and district courts that there is substantial evidence of the defendant's guilt and of an aggravating circumstance, and to provide that no capital case shall go to trial earlier than nine months from its determination as a capital case.
Whereas, the large number of potential capital cases annually costs the State of North Carolina tens of millions of dollars for prosecution and defense services and court costs in excess of the cost of handling those cases as noncapital; and
Whereas, over 83% of potential capital cases end in a conviction of second degree murder or less; and 
Whereas, a clear and precise definition of aggravating circumstances would continue to permit prosecutors to pursue death penalties for the most culpable defendants and the worst crimes; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 14‑17 reads as rewritten:
"§ 14‑17.  Murder in the first and second degree defined; punishment.
A murder which shall be perpetrated by means of a nuclear, biological, or chemical weapon of mass destruction as defined in G.S. 14‑288.21, poison, lying in wait, imprisonment, starving, torture, or by any other kind of willful, deliberate, and premeditated killing, shall be deemed to be murder in the first degree, a Class A felony, and any person who commits such murder shall be punished with death or imprisonment in the State's prison for life without parole as the court shall determine pursuant to G.S. 15A‑2000, except that any such person who was under 18 years of age at the time of the murder shall be punished with imprisonment in the State's prison for life without parole. A killing committed in the perpetration of any arson, rape or a sex offense, robbery, kidnapping, burglary, or other felony committed or attempted with the use of a deadly weapon shall be deemed murder in the second degree, and any person who commits such murder shall be punished as a Class B1 felon. All other kinds of murder, including that which shall be proximately caused by the unlawful distribution of opium or any synthetic or natural salt, compound, derivative, or preparation of opium, or cocaine or other substance described in G.S. 90‑90(1)d., or methamphetamine, when the ingestion of such substance causes the death of the user, shall be deemed murder in the second degree, and any person who commits such murder shall be punished as a Class B2 felon."
SECTION 2.  G.S. 15A‑2000(e) reads as rewritten:
"(e)	Aggravating Circumstances. – Aggravating circumstances which may be considered shall be limited to the following:
	(2)	The defendant had been previously convicted of another capital felony or had been previously adjudicated delinquent in a juvenile proceeding for committing an offense that would be a capital felony if committed by an adult.									(12)	The capital felony was committed in the commission of or attempted commission of an act of political terrorism. For purposes of this subdivision an act of political terrorism means an act committed by the defendant for the purpose of attacking the government of the United States, or any political subdivision there.
(13)	The capital felony was knowingly and intentionally committed against a law enforcement officer, employee of the Department of Correction, jailer, firefighter, judge or justice, prosecutor, or juror, while engaged in the performance of his or her official duties.
(14)	The murder for which the defendant stands convicted was part of a course of conduct in which the defendant intentionally killed more than one person.
(15)	The defendant intentionally tortured the victim, in a gratuitous and depraved manner, during or immediately prior to the murder. For purposes of this subdivision the term "torture" means the infliction of extreme physical pain against a victim who the defendant knew was conscious. For purposes of this subdivision the term "gratuitous and depraved manner" means that the defendant inflicted pain in addition to that which necessarily accompanied the act of killing itself or the particular method of killing was chosen by the defendant for the purpose of inflicting such pain."
SECTION 3.  G.S. 15A‑2004 is amended by adding a new section to read:
"§ 15A‑2004.  Prosecutorial discretion.
(a)	The State, in its discretion, may elect to try a defendant capitally or noncapitally for first degree murder, even if evidence of an aggravating circumstance exists. The State may agree to accept a sentence of life imprisonment for a defendant at any point in the prosecution of a capital felony, even if evidence of an aggravating circumstance exists.
(b)	A sentence of death may not be imposed upon a defendant convicted of a capital felony unless the State has given notice of its intent to seek the death penalty. Notice of intent to seek the death penalty shall be given to the defendant and filed with the court on or before the date of the pretrial conference in capital cases required by Rule 24 of the General Rules of Practice for the Superior and District Courts, or the arraignment, whichever is later.
(c)	If the State has not given notice of its intent to seek the death penalty prior to trial, the trial shall be conducted as a noncapital proceeding, and the court, upon adjudication of the defendant's guilt of first degree murder, shall impose a sentence of life imprisonment.
(d)	Notwithstanding any other provision of Article 100 of Chapter 15A of the General Statutes, the State may agree to accept a sentence of life imprisonment for a defendant upon remand from the Supreme Court of North Carolina of a capital case for resentencing or upon an order of resentencing by a court in a State or federal post‑conviction proceeding. If the State exercises its discretion and does agree to accept a sentence of life imprisonment for the defendant, then the court shall impose a sentence of life imprisonment.
(e)	On or before the date of the pretrial conference in a capital case required by Rule 24 of the General Rules of Practice for the Superior and District Courts, the Superior Court shall conduct a hearing to determine whether there is substantial evidence of the defendant's guilt of first‑degree murder and substantial evidence to support one of the aggravating circumstances listed in G.S. 15A‑2000(e). Notwithstanding any other provision of Chapter 15A of the General Statutes, if the court does not find substantial evidence of an aggravating circumstance, it shall declare the case noncapital. In no event shall a first degree murder trial begin earlier than nine months after the case is determined to be a capital case at a court hearing conducted pursuant to Rule 24 of the General Rules of Practice for the Superior and District Courts."
SECTION 4.  This act is effective when it becomes law.