GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

S	1 

SENATE BILL 63

Short Title:  Public Executions/County Hanging.	(Public)
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Sponsors: Senator Ballance.
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Referred to:  Corrections/Punishment.
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February 10, 1994

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT A CONVICT OR FELON SENTENCED TO DEATH SHALL BE EXECUTED IN PUBLIC BY ELECTROCUTION, BY HANGING, OR BY THE ADMINISTRATION OF LETHAL GAS OR DRUGS IN THE COUNTY SEAT WHERE THE CAPITAL CRIME OCCURRED.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 15-187 reads as rewritten:
"§ 15-187.  Death by electrocution, hanging, or the administration of lethal gas or drugs.
Death by electrocution, by hanging, or by the administration of lethal gas or drugs under sentence of law is established, except that if any person sentenced to death so chooses, the person may at least five days prior to the person's execution date, elect in writing to be executed by the administration of a lethal quantity of an ultrashort-acting barbiturate in combination with a chemical paralytic agent."
Sec. 2.  G.S. 15-188 reads as rewritten:
"§ 15-188.  Manner and place of public execution.
The mode of executing a death sentence must in every case be by causing the convict or felon to die by one of the methods provided in G.S. 15-187 and when any convict or felon is sentenced by any court of the State having competent jurisdiction to be executed, the punishment shall be carried out in public by the superintendent of the State penitentiary in the county seat of the county where the convict or felon committed the crime for which the convict or felon is to be punished by death.  If a convict or felon is sentenced to death for crimes committed in more than one county, then the convict or felon shall be executed in public at the county seat of the county where the convict or felon was sentenced to death.  The superintendent of the State penitentiary shall provide in conformity with this Article and approved by the Governor and Council of State, the necessary appliances for the infliction of the punishment of death in accordance with the requirements of this Article."
Sec. 3.  G.S. 15-189 reads as rewritten:
"§ 15-189.  Sentence of death; prisoner taken to penitentiary; prisoner taken to county seat for execution.
(a)	Upon the sentence of death being pronounced against any person in the State of North Carolina convicted of a crime punishable by death, it shall be the duty of the judge pronouncing the death sentence to make the same in writing, which shall be filed in the papers in the case against such convicted person. The clerk of the superior court in which the death sentence is pronounced shall prepare a certified copy of the judgment or sentence of death, including a copy of any notice or entries of appeal made in the case; if no entries or notice of appeal have been made or given in the case, a statement to the effect shall be included in the certificate of the clerk.  It shall also be the duty of the district attorney, assistant district attorney, or attorney prosecuting in behalf of the State in the absence of the district attorney, to prepare and sign a certificate stating in substance that he or she prosecuted the case in behalf of the State and that notice or entries of appeal have or have not been made or given in the case, and further that he or she has examined a copy of the judgment or sentence of death certified by the clerk, including the copy of the notice or entries of appeal or statement to the effect that no appeal has been given, and to the best of his or her knowledge the certificate is correct.  The certificate of the district attorney, or other prosecuting officer above named, shall be attached to the certified copy of the sentence of death, as prepared and certified by the clerk, and both certificates shall be transmitted by the clerk of the superior court in which the sentence of death is pronounced to the warden of the State penitentiary at Raleigh, North Carolina.  At the same time and in the same manner, a duplicate original of the certificates shall be prepared by the clerk of the superior court and the district attorney, or other prosecuting officer above named, and the the duplicate original or the certificates shall be transmitted to the Attorney General of North Carolina. If notice of appeal is given or entries of appeal are made after the expiration of the term of superior court in which the sentence of death is pronounced, the certificates shall be prepared by the clerk of the superior court in which the sentence is pronounced and by the district attorney, or other prosecuting officer, prosecuting in behalf of the State, in the same manner and shall be transmitted as soon as possible to the warden of the State penitentiary at Raleigh, North Carolina, and to the Attorney General of North Carolina. These certificates shall be transmitted by the clerk of the superior court in which the sentence is pronounced to the warden of the State penitentiary at Raleigh, North Carolina, and to the Attorney General of North Carolina, not more than 20 or less than 10 days before the time fixed in the judgment of the court for the execution of the sentence.  In all cases where there is no appeal, the sentence of death shall not be carried out by the warden of the State penitentiary or by any of his deputies or agents until these certificates have been received in the office of the warden of the State penitentiary at Raleigh, North Carolina.
(b)	In all cases where there is no appeal from the sentence of death, it shall be the duty of the sheriff of the county in which the sentence of death shall be carried out to hold the convict or felon in custody until the time for the execution of the convict or felon, except that the sheriff, together with at least one deputy, may convey the convict or felon to the State penitentiary for safekeeping upon the approval of the warden of the State penitentiary.  If the sheriff holding the convict or felon in custody upon the adjournment of the court in which the convict or felon was tried is not the sheriff of the county in which the sentence of death will be carried out then the sheriff shall convey the convict or felon to the county where the sentence of death will be carried out and place the convict or felon into the custody of the sheriff of that county."
Sec. 4.  G.S. 15-190 reads as rewritten:
"§ 15-190.  Person or persons to be designated by warden to execute sentence; supervision of execution; who shall be present.
Some guard or other reliable person designated by the warden shall cause the convict or felon against whom the death sentence has been pronounced to be executed as provided by this Article. The execution shall be under the general supervision and control of the warden of the penitentiary, who shall in writing designate the guard or other reliable person who shall cause the convict or felon against whom the death sentence has been pronounced to be executed as provided by this Article.  The sheriff of the county that is the site of the execution shall provide assistance to the warden or the warden's agent at the warden's written request.  At the execution there shall be present the warden or some person designated by the  warden; the surgeon or physician of the penitentiary; and the county sheriff or a deputy designated by the sheriff.  The counsel, and any relatives of the convict or felon, and a minister may be present.  The general public may attend.  The board of directors of the penitentiary may provide for and pay the fee for each execution.  The fee shall not exceed thirty-five dollars ($35.00)."
Sec. 5.  G.S. 15-192 reads as rewritten:
"§ 15-192.  Certificate filed with clerk.
The warden, together with the surgeon or physician of the penitentiary, shall certify the fact of the execution of the convict or felon to the clerk of the superior court in which the sentence was pronounced. The clerk shall file the certificate with the papers of the case.  If the county where the sentence was pronounced is not the county where the execution was held, then the certification also shall be filed with the clerk of superior court in the county where the execution was held."
Sec. 6.  G.S. 15-193 reads as rewritten:
"§ 15-193.  Notice of reprieve or new trial.
Should the convict or felon be granted a  reprieve by the Governor or obtain a writ of error, or a new trial be  granted by the Supreme Court of the State of North Carolina, or should the execution of the sentence be stayed by any competent judicial tribunal or proceeding, notice of the reprieve, new trial, appeal, writ of error or stay of execution shall be served upon the warden or deputy warden of the penitentiary by the sheriff of Wake County, if the convict or felon is confined in the penitentiary, or upon the sheriff having the custody of the convict or felon and upon the convict or felon."
Sec. 7.  G.S. 15-194 reads as rewritten:
"§ 15-194.  Time and place of execution.
When the Supreme Court has filed an opinion upholding the sentence of death, a stay of execution granted by any competent judicial tribunal or proceeding has expired or been terminated, or a reprieve by the Governor has expired or been terminated, a hearing shall be held in a superior court anywhere within the district where the case was tried to fix a new date for the execution of the original sentence. The district attorney shall promptly calendar the hearing. The convict or felon shall be present at the hearing unless the convict or felon has an attorney appearing at the hearing. The judge shall set the date of execution for no less than 60 days and not more than 90 days from the date of the hearing.  The judge shall set the site of the execution to be at the county seat of the county where the capital crime was committed.  If the convict or felon was sentenced to death for crimes committed in more than one county, then the judge shall set the site of the execution to be at the county seat of the county where the convict or felon was sentenced to death.  The hearing may be conducted, whether or not in session, by any regular or special superior court judge resident in the district or assigned to hold court in this district wherever the case is docketed. The order fixing the date and place of the execution shall be recorded in the minutes of the court, and the clerk of the superior court shall immediately send a certified copy to the warden of the State penitentiary, at Raleigh. The clerk shall also send certified copies to the convict or felon, the the convict or felon's attorney, and the district attorney who prosecuted the case."
Sec. 8.  G.S. 15-195 reads as rewritten:
"§ 15-195.  Prisoner taken to place of trial when new trial granted.
Should a new trial be granted the convict or felon against whom sentence of death has been pronounced, after the convict or felon  has been conveyed to the penitentiary, he or she shall be conveyed back to the place of trial by such guard or guards as the warden of the penitentiary shall direct, their expenses to be paid as is now provided by law for the conveyance of convicts to the penitentiary."
Sec. 9.  This act becomes effective January 1, 1995, and applies to sentences of death pronounced on or after that date.