GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	1 

HOUSE BILL 945

Short Title:  Resetting Execution Date.	(Public)

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Sponsors: Representative Braswell.

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Referred to:  Judiciary II.

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April 12, 1995

A BILL TO BE ENTITLED
AN ACT TO CHANGE THE MANNER IN WHICH AN EXECUTION DATE IS RESET FOR A PERSON WHO HAS BEEN SENTENCED TO DEATH AND WHOSE SENTENCE HAS BEEN AFFIRMED AND ANY STAY OF EXECUTION HAS EXPIRED.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 15-194 reads as rewritten:
"§ 15-194.  Time for execution.
Upon receiving notification that the Supreme Court has filed an opinion upholding the sentence of death, or 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, the warden of the State penitentiary at Raleigh shall forthwith fix a new date for the execution of the original sentence not less than 30 days nor more than 45 days from the date of receiving that notification.  The warden shall send a certified copy of the document fixing the date to the clerk of superior court of the county in which the case was tried, and that certified copy shall be recorded in the minutes of the court.  The warden shall also send certified copies to the condemned person, the condemned person's attorney, and the district attorney who prosecuted the case."
Sec. 2.  This act is effective upon ratification and shall apply to all sentences of death imposed on or after ratification.