A BILL TO BE ENTITLED
AN ACT to eliminate as a pretrial issue the claim that race was a significant factor in the decision to try a murder as a capital case but to provide that the claim may still be raised in a postconviction procedure and to appropriate funds to the judicial department to assist with the cost of information and training sessions for district attorneys and court personnel regarding the racial justice act.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 15A‑2012 reads as rewritten:
"§ 15A‑2012.  Hearing procedure.
(a)	The defendant shall state with particularity how the evidence supports a claim that race was a significant factor in decisions to seek or impose the sentence of death in the county, the prosecutorial district, the judicial division, or the State at the time the death sentence was sought or imposed.
	The claim shall be raised by the defendant in postconviction proceedings pursuant to Article 89 of Chapter 15A of the General Statutes.
		
If the court finds that race was a significant factor in decisions to seek or impose the sentence of death in the county, the prosecutorial district, the judicial division, or the State at the time the death sentence was sought or imposed, the court shall order that the death sentence imposed by the judgment shall be vacated and the defendant resentenced to life imprisonment without the possibility of parole.
(b)	Notwithstanding any other provision or time limitation contained in Article 89 of Chapter 15A of the General Statutes, a defendant may seek relief from the defendant's death sentence upon the ground that racial considerations played a significant part in the decision to seek or impose a death sentence by filing a motion seeking relief.
(c)	Except as specifically stated in subsection (b) of this section, the procedures and hearing on the motion seeking relief from a death sentence upon the ground that race was a significant factor in decisions to seek or impose the sentence of death in the county, the prosecutorial district, the judicial division, or the State at the time the death sentence was sought or imposed shall follow and comply with G.S. 15A‑1420, 15A‑1421, and 15A‑1422."
SECTION 2.  There is appropriated from the General Fund to the Judicial Department the sum of five thousand dollars ($5,000) for the 2010‑2011 fiscal year to be used to help support information and training sessions for district attorneys and court personnel regarding the racial justice act.
SECTION 3.  Section 2 of this act becomes effective July 1, 2010.  The remainder of this act is effective when it becomes law. Any pretrial claim raised on or before the effective date of Section 1 of this act is abated.  Any claim abated under this act may still be raised in a postconviction proceeding pursuant to Article 89 of Chapter 15A of the General Statutes.