§ 15A-2003 – Disability of trial judge.
15A-2003. Disability of trial judge. In the event that the trial judge shall become disabled or unable to conduct the sentencing proceeding provided in this Article, the Chief Justice shall designate a judge to conduct such proceeding. (1977, c. 406, s. 2.)
§ 15A-2004 – Prosecutorial discretion.
15A-2004. Prosecutorial discretion. (a) The State, in its discretion, may elect to try a defendant capitally or noncapitally for first degree murder, even if evidence of an aggravating circumstance exists. The State may agree to accept a sentence of life imprisonment for a defendant at any point in the prosecution of a capital felony, even […]
§ 15A-2005 – Intellectual disability; death sentence prohibited.
15A-2005. Intellectual disability; death sentence prohibited. (a) (1) The following definitions apply in this section: a. Intellectual disability. – A condition marked by significantly subaverage general intellectual functioning, existing concurrently with significant limitations in adaptive functioning, both of which were manifested before the age of 18. b. Significant limitations in adaptive functioning. – Significant limitations […]
§ 15A-2006 – Expired pursuant to Session Laws 2001-346, s3, effective October 1, 2002.
15A-2006: Expired pursuant to Session Laws 2001-346, s. 3, effective October 1, 2002.
§ 15A-2000 – (Effective until January 1, 2023) Sentence of death or life imprisonment for capital felonies; further proceedings to determine sentence.
15A-2000. (Effective until January 1, 2023) Sentence of death or life imprisonment for capital felonies; further proceedings to determine sentence. (a) Separate Proceedings on Issue of Penalty. – (1) Except as provided in G.S. 15A-2004, upon conviction or adjudication of guilt of a defendant of a capital felony in which the State has given notice […]
§ 15A-2001 – Capital offenses; plea of guilty.
15A-2001. Capital offenses; plea of guilty. (a) Any defendant who has been indicted for an offense punishable by death may enter a plea of guilty at any time after the indictment. (b) If the defendant enters a guilty plea to first degree murder and the State has not given notice of intent to seek the […]
§ 15A-2002 – Capital offenses; jury verdict and sentence.
15A-2002. Capital offenses; jury verdict and sentence. If the recommendation of the jury is that the defendant be sentenced to death, the judge shall impose a sentence of death in accordance with the provisions of Chapter 15, Article 19 of the General Statutes. If the recommendation of the jury is that the defendant be imprisoned […]
§ 15A-1463 – Membership; chair; meetings; quorum.
15A-1463. Membership; chair; meetings; quorum. (a) The Commission shall consist of eight voting members as follows: (1) One shall be a superior court judge. (2) One shall be a prosecuting attorney. (3) One shall be a victim advocate. (4) One shall be engaged in the practice of criminal defense law. (5) One shall be a […]
§ 15A-1464 – Terms of members; compensation; expenses.
15A-1464. Terms of members; compensation; expenses. (a) Of the initial members, two appointments shall be for one-year terms, three appointments shall be for two-year terms, and three appointments shall be for three-year terms. Thereafter, all terms shall be for three years. Members of the Commission shall serve no more than two consecutive three-year terms plus […]
§ 15A-1465 – Director and other staff.
15A-1465. Director and other staff. (a) The Commission shall employ a Director. The Director shall report to the Director of the Administrative Office of the Courts, who shall consult with the Commission chair. The Director shall be an attorney licensed to practice in North Carolina at the time of appointment and at all times during […]