A BILL TO BE ENTITLED
AN ACT to establish the Select Commission To investigate death penalty issues and to appropriate funds for the commission.
The General Assembly of North Carolina enacts:
SECTION 1.(a)  Commission Established. – The Select Commission To Investigate Death Penalty Issues is established to study and evaluate the issues regarding the imposition of the death penalty as a punishment for first degree murder.  This investigation shall be a continuing one and the evaluation ongoing.
SECTION 1.(b) Powers and Duties. – The Commission shall evaluate the death penalty as a sentence imposed for the commission of first degree murder and its relationship to the stated purposes of the criminal justice system. In its study, the Commission shall consider all of the following:
(1)	The adequacy of counsel in all stages of capital cases and the sufficiency of guidelines for the appointment and performance of such counsel.
(2)	The process for judicial review of the merits of constitutional claims in State postconviction and federal habeas corpus proceedings.
(3)	Any disproportionate racial impact from any aspect of capital case processing.
(4)	Whether there is discrimination in capital sentencing on the basis of the victim's or the defendant's race.
(5)	Prosecutorial misconduct as a factor in the imposition of the death penalty.
(6)	The presence of innocent persons on death row.
(7)	The costs of the death penalty system.
(8)	Any other appropriate or relevant subject.
SECTION 1.(c)  Membership. – The Commission shall consist of 31 members as follows:
(1)	The Chief Justice of the North Carolina Supreme Court shall appoint a sitting or former Justice or judge of the General Court of Justice, who shall serve as Chairman of the Commission.
(2)	The Chief Judge of the North Carolina Court of Appeals shall appoint a sitting or former judge on the Court of Appeals, serving as his designee.
(3)	The Secretary of Correction or his designee.
(4)	The Secretary of Crime Control and Public Safety or his designee.
(5)	The President of the Conference of Superior Court Judges or his designee.
(6)	The President of the North Carolina Sheriffs' Association or his designee.
(7)	The President of the North Carolina Association of Chiefs of Police or his designee.
(8)	The President of the North Carolina State Bar or his designee.
(9)	Two members of the public at large, who are not currently licensed to practice law in North Carolina, to be appointed by the Governor.
(10)	One member to be appointed by the Lieutenant Governor.
(11)	Three members of the House of Representatives, to be appointed by the Speaker of the House.
(12)	Three members of the Senate, to be appointed by the President Pro Tempore of the Senate.
(13)	The President Pro Tempore of the Senate shall appoint the representative of the Office of Indigent Defense Services that is recommended by the Executive Director of that office.
(14)	The Speaker of the House of Representatives shall appoint the representative of the North Carolina Association of Public Defenders that is recommended by the President of that organization.
(15)	One superior court judge, to be appointed by the President Pro Tempore of the Senate.
(16)	One superior court judge to be appointed by the Speaker of the House of Representatives.
(17)	The Chief Justice of the North Carolina Supreme Court shall appoint the criminal defense attorney that is recommended by the President of the North Carolina Academy of Trial Lawyers.
(18)	The President of the Conference of District Attorneys or his designee.
(19)	The Lieutenant Governor shall appoint the member of the North Carolina Victim Assistance Network that is recommended by the President of that organization.
(20)	A public defender who has defended at least two first degree murder cases, to be appointed by the Chair of the Commission.
(21)	A rehabilitated former prison inmate or a person who was formerly on death row and has been released because his innocence was determined at a later time, to be appointed by the Governor.
(22)	A district attorney who has prosecuted at least two first degree murder cases, appointed by the Conference of District Attorneys.
(23)	The Governor shall appoint the two members of the academic community, with backgrounds in criminal justice, that are recommended by the President of The University of North Carolina.
(24)	The Attorney General, or a member of his staff, to be appointed by the Attorney General.
(25)	The Governor shall appoint the member of the North Carolina Bar Association that is recommended by the President of that organization.
SECTION 1(d).  Terms of Members. – Members shall be appointed to serve terms of two years, unless they resign or are removed. Members serving by virtue of elective or appointive office or as designees of such officeholders may serve only so long as the officeholders hold those respective offices. Members appointed by the Speaker of the House of Representatives and the President Pro Tempore of the Senate may be removed by the appointing authority without cause. Vacancies occurring before the expiration of a term shall be filled in the manner provided for the members first appointed. A member of the Commission may be removed only for disability, neglect of duty, incompetence, or malfeasance in office.
SECTION 1.(e)  Meetings; Quorum. – The Commission shall have its initial meeting no later than September 1, 2004, at the call of the Chair.  The Commission shall meet a minimum of six regular meetings each year. The Commission may also hold special meetings at the call of the Chairman, or by any four members of the Commission, upon such notice and in such manner as may be fixed by the rules of the Commission. A majority of the members of the Commission shall constitute a quorum.
SECTION 1.(f)  Commission Reimbursement. – The Commission members shall receive no salary as a result of serving on the Commission but shall receive necessary subsistence and travel expenses in accordance with the provisions of G.S. 120‑3.1, G.S. 138‑5, and G.S. 138‑6, as applicable.
SECTION 1.(g)  Public Hearings. – The Commission may hold public meetings across the State to solicit public input with respect to the issues regarding the death penalty.
SECTION 1.(h)  Authority. – The Commission may obtain information and data from all State officers, agents, agencies and departments, while in discharge of its duties, pursuant to the provisions of G.S. 120‑19, as if it were a committee of the General Assembly.  The Commission shall also have the authority to call witnesses, compel testimony relevant to any matter properly before the Commission, and subpoena records and documents.  The provisions of G.S. 120‑19.1 through G.S. 120‑19.4 shall apply to the proceedings of the Commission as if it were a joint committee of the General Assembly.  Any cost of providing information to the Commission not covered by G.S. 120‑19.3 may be reimbursed by the Commission from funds allocated to it for its continuing study.
SECTION 1.(i)  Commission; Reports. – The Commission shall report to the General Assembly and the Governor the results of its study and recommendations.  A written report shall be submitted annually to the General Assembly at its convening. 
SECTION 1.(j)  Commission; Staff; Meeting Place. – The Commission may contract for clerical or professional staff or for any other services it may require in the course of its ongoing study. The Commission may, with the approval of the Legislative Services Commission, meet in the State Legislative Building or the Legislative Office Building.
SECTION 2.  There is appropriated from the General Fund to the General Assembly the sum of one hundred thousand dollars ($100,000) for the 2004‑2005 fiscal year to be allocated to the Select Commission to Investigate Death Penalty Issues to implement this act.
SECTION 3.  This act is effective when it becomes law.  All initial appointments shall be made within one calendar month from the effective date of this act.