GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 950

Short Title:  Jury Instructions/Life Sentences.	(Public)
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Sponsors: Representative Rhyne.
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Referred to:  Judiciary I.
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April 19, 1991

A BILL TO BE ENTITLED
AN ACT CONCERNING JURY INSTRUCTIONS ON LIFE SENTENCES IN CAPITAL CASES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 15-176.4 is repealed.
Sec. 2.  Article 17A of Chapter 15 of the General Statutes is amended by adding a new section to read:
"§ 15-176.4A.  Instructions to jury in capital cases.
	At any proceeding to determine punishment for a capital felony conviction, the court shall give the jury an instruction in substantially the following form:
'A sentence of life imprisonment means that the defendant may spend the remainder of his life in prison or that he may at some point be paroled.  The defendant will be eligible for parole consideration only after he has served 20 years in prison.  However, he will at no time be entitled to parole as a matter of right.
Once the defendant becomes eligible for parole consideration, it becomes the obligation of the Parole Commission to determine whether or not the defendant will be paroled. Our law provides the Parole Commission with certain criteria to consider in determining whether or not the defendant will be paroled. In any event, you must assume that the Parole Commission will perform its duties in a correct and responsible manner.
You have been given these instructions so that you will have a general understanding of the meaning of a sentence of life imprisonment.  You are now instructed however, that the matter of parole is not to be considered by you in determining the punishment for the defendant, and you may not speculate as to if, or when, parole will or will not be granted.  Your sole function is to determine whether the defendant will receive the death penalty or whether the defendant will be sentenced to life imprisonment.'
Nothing herein shall limit the court's authority to further accurately instruct the jury regarding parole as the facts of the case may warrant."
Sec. 3.  This act becomes effective October 1, 1991, and applies to trials occurring on or after that date.