GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 942

Short Title:  No Capital Case Proportionality Review.  	(Public)

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Sponsors: Senators Simpson and Hartsell.

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Referred to:  Judiciary I/Constitution

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May 2, 1995

A BILL TO BE ENTITLED
AN ACT TO REPEAL PROPORTIONALITY REVIEW ON DIRECT APPEAL.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 15A-2000(d) reads as rewritten:
"(d)	Review of Judgment and Sentence. –
(1)	The judgment of conviction and sentence of death shall be subject to automatic review by the Supreme Court of North Carolina pursuant to procedures established by the Rules of Appellate Procedure. In its review, the Supreme Court shall consider the punishment imposed as well as any errors assigned on appeal.
(2)	The sentence of death shall be overturned and a sentence of life imprisonment imposed in lieu thereof by the Supreme Court upon a finding that the record does not support the jury's findings of any aggravating circumstance or circumstances upon which the sentencing court based its sentence of death, or upon a finding that the sentence of death was imposed under the influence of passion, prejudice, or any other arbitrary factor.
(3)	If the sentence of death and the judgment of the trial court are reversed on appeal for error in the post-verdict sentencing proceeding, the Supreme Court shall order that a new sentencing hearing be conducted in conformity with the procedures of this Article."
Sec. 2.  This act becomes effective December 1, 1995, and applies to capital sentences rendered on or after that date.