NC
North Carolina Senate Bill S94

North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S94 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-S 1
4-SENATE BILL 94
3+S D
4+SENATE BILL DRS45048-ML-37
5+
56
67
78 Short Title: Repeal Death Penalty. (Public)
89 Sponsors: Senators Mayfield, Meyer, and Murdock (Primary Sponsors).
9-Referred to: Rules and Operations of the Senate
10-February 17, 2025
11-*S94-v-1*
10+Referred to:
11+
12+*DRS45048 -ML-37*
1213 A BILL TO BE ENTITLED 1
1314 AN ACT TO REPEAL THE DEATH PENALTY AND TO PROVIDE THAT ALL CURRENT 2
1415 PRISONERS SENTENCED TO DEATH SHALL BE RESENTENCED TO LIFE 3
1516 IMPRISONMENT WITHOUT THE POSSIBILITY OF PAROLE. 4
1617 The General Assembly of North Carolina enacts: 5
1718 SECTION 1. G.S. 7A-450(b1) is repealed. 6
1819 SECTION 2. G.S. 7A-498.8(b)(5) reads as rewritten: 7
1920 "(b) The appellate defender shall perform such duties as may be directed by the Office of 8
2021 Indigent Defense Services, including: 9
2122 … 10
2223 (5) Recruiting qualified members of the private bar who are willing to provide 11
2324 representation in State and federal death penalty postconviction proceedings." 12
2425 SECTION 3. G.S. 14-7.2 reads as rewritten: 13
2526 "§ 14-7.2. Punishment. 14
2627 When any person is charged by indictment with the commission of a felony under the laws 15
2728 of the State of North Carolina and is also charged with being an habitual felon as defined in 16
2829 G.S. 14-7.1, he must, upon conviction, be sentenced and punished as an habitual felon, as in this 17
2930 Chapter provided, except in those cases where the death penalty or a life sentence is imposed." 18
3031 SECTION 4. G.S. 14-7.8 reads as rewritten: 19
3132 "§ 14-7.8. Punishment. 20
3233 When a person is charged by indictment with the commission of a violent felony and is also 21
3334 charged with being a violent habitual felon as defined in G.S. 14-7.7, the person must, upon 22
3435 conviction, be sentenced in accordance with this Article, except in those cases where the death 23
3536 penalty is imposed.Article." 24
3637 SECTION 5. G.S. 14-7.12 reads as rewritten: 25
3738 "§ 14-7.12. Sentencing of violent habitual felons. 26
3839 A person who is convicted of a violent felony and of being a violent habitual felon must, 27
3940 upon conviction (except where the death penalty is imposed), conviction, be sentenced to life 28
4041 imprisonment without parole. Life imprisonment without parole means that the person will spend 29
4142 the remainder of the person's natural life in prison. The sentencing judge may not suspend the 30
4243 sentence and may not place the person sentenced on probation. Sentences for violent habitual 31
4344 felons imposed under this Article shall run consecutively with and shall commence at the 32
4445 expiration of any other sentence being served by the person." 33
4546 SECTION 6. G.S. 14-17(a) reads as rewritten: 34
4647 "(a) A murder which shall be perpetrated by means of a nuclear, biological, or chemical 35
47-weapon of mass destruction as defined in G.S. 14-288.21, poison, lying in wait, imprisonment, 36 General Assembly Of North Carolina Session 2025
48-Page 2 Senate Bill 94-First Edition
48+weapon of mass destruction as defined in G.S. 14-288.21, poison, lying in wait, imprisonment, 36
49+FILED SENATE
50+Feb 13, 2025
51+S.B. 94
52+PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
53+Page 2 DRS45048-ML-37
4954 starving, torture, or by any other kind of willful, deliberate, and premeditated killing, or which 1
5055 shall be committed in the perpetration or attempted perpetration of any arson, rape or a sex 2
5156 offense, robbery, kidnapping, burglary, or other felony committed or attempted with the use of a 3
5257 deadly weapon shall be deemed to be murder in the first degree, a Class A felony, and any person 4
5358 who commits such murder shall be punished with death or imprisonment in the State's prison for 5
5459 life without parole as the court shall determine pursuant to G.S. 15A-2000, except that any such 6
5560 person who was under 18 years of age at the time of the murder shall be punished in accordance 7
5661 with Part 2A of Article 81B of Chapter 15A of the General Statutes." 8
5762 SECTION 7. G.S. 15-176.1 is repealed. 9
5863 SECTION 8. Article 17A and Article 19 of Chapter 15 of the General Statutes are 10
5964 repealed. 11
6065 SECTION 9. G.S. 15A-268(a6) reads as rewritten: 12
6166 "(a6) The evidence described by subsection (a1) of this section shall be preserved for the 13
6267 following period: 14
6368 (1) For conviction resulting in a sentence of death, until execution. 15
6469 (2) For conviction resulting in a sentence of life without parole, until the death of 16
6570 the convicted person. 17
6671 (3) For conviction of any homicide, sex offense, assault, kidnapping, burglary, 18
6772 robbery, arson or burning, for which a Class B1-E felony punishment is 19
6873 imposed, the evidence shall be preserved during the period of incarceration 20
6974 and mandatory supervised release, including sex offender registration 21
7075 pursuant to Article 27A of Chapter 14 of the General Statutes, except in cases 22
7176 where the person convicted entered and was convicted on a plea of guilty, in 23
7277 which case the evidence shall be preserved for the earlier of three years from 24
7378 the date of conviction or until released. 25
7479 (4) Biological evidence collected as part of a criminal investigation of any 26
7580 homicide or rape, in which no charges are filed, shall be preserved for the 27
7681 period of time that the crime remains unsolved. 28
7782 (5) A custodial agency in custody of biological evidence unrelated to a criminal 29
7883 investigation or prosecution referenced by subdivision (1), (2), (3), or (4) of 30
7984 this subsection may dispose of the evidence in accordance with the rules of 31
8085 the agency. 32
8186 (6) Notwithstanding the retention requirements in subdivisions (1) through (5) of 33
8287 this subsection, at any time after collection and prior to or at the time of 34
8388 disposition of the case at the trial court level, if the evidence collected as part 35
8489 of the criminal investigation is of a size, bulk, or physical character as to 36
8590 render retention impracticable or should be returned to its rightful owner, the 37
8691 State may petition the court for retention of samples of the biological evidence 38
8792 in lieu of the actual physical evidence. After giving any defendant charged in 39
8893 connection with the case an opportunity to be heard, the court may order that 40
8994 the collecting agency take reasonable measures to remove or preserve for 41
9095 retention portions of evidence likely to contain biological evidence related to 42
9196 the offense through cuttings, swabs, or other means consistent with Crime 43
9297 Laboratory minimum guidelines in a quantity sufficient to permit DNA testing 44
9398 before returning or disposing of the evidence." 45
9499 SECTION 10. G.S. 15A-734 reads as rewritten: 46
95100 "§ 15A-734. Arrest without a warrant. 47
96101 The arrest of a person may be lawfully made also by any peace officer or a private person, 48
97102 without a warrant, upon reasonable information that the accused stands charged in the courts of 49
98103 a state with a crime punishable by death or imprisonment for a term exceeding one year, but 50
99104 when so arrested the accused must be taken before a judge or magistrate with all practicable 51 General Assembly Of North Carolina Session 2025
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105+DRS45048-ML-37 Page 3
101106 speed, and complaint must be made against him under oath setting forth the ground for the arrest 1
102107 as in G.S. 15A-733; and thereafter his answer shall be heard as if he had been arrested on a 2
103108 warrant." 3
104109 SECTION 11. G.S. 15A-736 reads as rewritten: 4
105110 "§ 15A-736. Bail in certain cases; conditions of bond. 5
106111 Unless the offense with which the prisoner is charged is shown to be an offense punishable 6
107112 by death or life imprisonment under the laws of the state in which it was committed, a judge or 7
108113 magistrate in this State may admit the person arrested to bail by bond, with sufficient sureties, 8
109114 and in such sum as he deems proper, conditioned for his appearance before him at a time specified 9
110115 in such bond, and for his surrender, to be arrested upon the warrant of the Governor of this State." 10
111116 SECTION 12. G.S. 15A-1201(b) reads as rewritten: 11
112117 "(b) Waiver of Right to Jury Trial. – A defendant accused of any criminal offense for 12
113118 which the State is not seeking a sentence of death in superior court may, knowingly and 13
114119 voluntarily, in writing or on the record in the court and with the consent of the trial judge, waive 14
115120 the right to trial by jury. When a defendant waives the right to trial by jury under this section, the 15
116121 jury is dispensed with as provided by law, and the whole matter of law and fact, to include all 16
117122 factors referred to in G.S. 20-179 and subsections (a1) and (a3) of G.S. 15A-1340.16, shall be 17
118123 heard and judgment given by the court. If a motion for joinder of co-defendants is allowed, there 18
119124 shall be a jury trial unless all defendants waive the right to trial by jury, or the court, in its 19
120125 discretion, severs the case." 20
121126 SECTION 13. Part 2 of Article 81B of Chapter 15A of the General Statutes is 21
122127 amended by adding a new section to read: 22
123128 "§ 15A-1340.13A. Death penalty abolished. 23
124129 Notwithstanding any other provision of law, no crime shall be punishable by death." 24
125130 SECTION 14. G.S. 15A-1340.17(c) reads as rewritten: 25
126131 "(c) Punishments for Each Class of Offense and Prior Record Level; Punishment Chart 26
127132 Described. – The authorized punishment for each class of offense and prior record level is as 27
128133 specified in the chart below. Prior record levels are indicated by the Roman numerals placed 28
129134 horizontally on the top of the chart. Classes of offense are indicated by the letters placed vertically 29
130135 on the left side of the chart. Each cell on the chart contains the following components: 30
131136 (1) A sentence disposition or dispositions: "C" indicates that a community 31
132137 punishment is authorized; "I" indicates that an intermediate punishment is 32
133138 authorized; "A" indicates that an active punishment is authorized; and "Life 33
134139 Imprisonment Without Parole" indicates that the defendant shall be 34
135140 imprisoned for the remainder of the prisoner's natural life. 35
136141 (2) A presumptive range of minimum durations, if the sentence of imprisonment 36
137142 is neither aggravated or mitigated; any minimum term of imprisonment in that 37
138143 range is permitted unless the court finds pursuant to G.S. 15A-1340.16 that an 38
139144 aggravated or mitigated sentence is appropriate. The presumptive range is the 39
140145 middle of the three ranges in the cell. 40
141146 (3) A mitigated range of minimum durations if the court finds pursuant to 41
142147 G.S. 15A-1340.16 that a mitigated sentence of imprisonment is justified; in 42
143148 such a case, any minimum term of imprisonment in the mitigated range is 43
144149 permitted. The mitigated range is the lower of the three ranges in the cell. 44
145150 (4) An aggravated range of minimum durations if the court finds pursuant to 45
146151 G.S. 15A-1340.16 that an aggravated sentence of imprisonment is justified; in 46
147152 such a case, any minimum term of imprisonment in the aggravated range is 47
148153 permitted. The aggravated range is the higher of the three ranges in the cell. 48
149154 PRIOR RECORD LEVEL 49
150155 50
151156 I II III IV V VI 51 General Assembly Of North Carolina Session 2025
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153158 0-1 Pt 2-5 Pts 6-9 Pts 10-13 Pts 14-17 Pts 18+ Pts 1
154159 A Life Imprisonment With Parole or Without Parole, or Death, as Established by Statute 2
155160 A A A A A A DISPOSITION 3
156161 240-300 276-345 317-397 365-456 Life Imprisonment Aggravated 4
157162 Without Parole 5
158163 B1 192-240 221-276 254-317 292-365 336-420 386-483 PRESUMPTIVE 6
159164 144-192 166-221 190-254 219-292 252-336 290-386 Mitigated 7
160165 A A A A A A DISPOSITION 8
161166 157-196 180-225 207-258 238-297 273-342 314-393 Aggravated 9
162167 B2 125-157 144-180 165-207 190-238 219-273 251-314 PRESUMPTIVE 10
163168 94-125 108-144 124-165 143-190 164-219 189-251 Mitigated 11
164169 A A A A A A DISPOSITION 12
165170 73-92 83-104 96-120 110-138 127-159 146-182 Aggravated 13
166171 C 58-73 67-83 77-96 88-110 101-127 117-146 PRESUMPTIVE 14
167172 44-58 50-67 58-77 66-88 76-101 87-117 Mitigated 15
168173 A A A A A A DISPOSITION 16
169174 64-80 73-92 84-105 97-121 111-139 128-160 Aggravated 17
170175 D 51-64 59-73 67-84 78-97 89-111 103-128 PRESUMPTIVE 18
171176 38-51 44-59 51-67 58-78 67-89 77-103 Mitigated 19
172177 I/A I/A A A A A DISPOSITION 20
173178 25-31 29-36 33-41 38-48 44-55 50-63 Aggravated 21
174179 E 20-25 23-29 26-33 30-38 35-44 40-50 PRESUMPTIVE 22
175180 15-20 17-23 20-26 23-30 26-35 30-40 Mitigated 23
176181 I/A I/A I/A A A A DISPOSITION 24
177182 16-20 19-23 21-27 25-31 28-36 33-41 Aggravated 25
178183 F 13-16 15-19 17-21 20-25 23-28 26-33 PRESUMPTIVE 26
179184 10-13 11-15 13-17 15-20 17-23 20-26 Mitigated 27
180185 I/A I/A I/A I/A A A DISPOSITION 28
181186 13-16 14-18 17-21 19-24 22-27 25-31 Aggravated 29
182187 G 10-13 12-14 13-17 15-19 17-22 20-25 PRESUMPTIVE 30
183188 8-10 9-12 10-13 11-15 13-17 15-20 Mitigated 31
184189 C/I/A I/A I/A I/A I/A A DISPOSITION 32
185190 6-8 8-10 10-12 11-14 15-19 20-25 Aggravated 33
186191 H 5-6 6-8 8-10 9-11 12-15 16-20 PRESUMPTIVE 34
187192 4-5 4-6 6-8 7-9 9-12 12-16 Mitigated 35
188193 C C/I I I/A I/A I/A DISPOSITION 36
189194 6-8 6-8 6-8 8-10 9-11 10-12 Aggravated 37
190195 I 4-6 4-6 5-6 6-8 7-9 8-10 PRESUMPTIVE 38
191196 3-4 3-4 4-5 4-6 5-7 6-8 Mitigated" 39
192197 SECTION 15. G.S. 15A-1415 reads as rewritten: 40
193198 "§ 15A-1415. Grounds for appropriate relief which may be asserted by defendant after 41
194199 verdict; limitation as to time. 42
195200 (a) At any time after verdict, a noncapital defendant by motion may seek appropriate 43
196201 relief upon any of the grounds enumerated in this section. In a capital case, a postconviction 44
197202 motion for appropriate relief shall be filed within 120 days from the latest of the following: 45
198203 (1) The court's judgment has been filed, but the defendant failed to perfect a 46
199204 timely appeal; 47
200205 (2) The mandate issued by a court of the appellate division on direct appeal 48
201206 pursuant to N.C.R. App. P. 32(b) and the time for filing a petition for writ of 49 General Assembly Of North Carolina Session 2025
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203208 certiorari to the United States Supreme Court has expired without a petition 1
204209 being filed; 2
205210 (3) The United States Supreme Court denied a timely petition for writ of certiorari 3
206211 of the decision on direct appeal by the Supreme Court of North Carolina; 4
207212 (4) Following the denial of discretionary review by the Supreme Court of North 5
208213 Carolina, the United States Supreme Court denied a timely petition for writ of 6
209214 certiorari seeking review of the decision on direct appeal by the North 7
210215 Carolina Court of Appeals; 8
211216 (5) The United States Supreme Court granted the defendant's or the State's timely 9
212217 petition for writ of certiorari of the decision on direct appeal by the Supreme 10
213218 Court of North Carolina or North Carolina Court of Appeals, but subsequently 11
214219 left the defendant's conviction and sentence undisturbed; or 12
215220 (6) The appointment of postconviction counsel for an indigent capital defendant. 13
216221 … 14
217222 (c) Notwithstanding the time limitations herein, a defendant at any time after verdict may 15
218223 by a motion for appropriate relief, raise the ground that evidence is available which was unknown 16
219224 or unavailable to the defendant at the time of trial, which could not with due diligence have been 17
220225 discovered or made available at that time, including recanted testimony, and which has a direct 18
221226 and material bearing upon the defendant's eligibility for the death penalty or the defendant's guilt 19
222227 or innocence. A motion based upon such newly discovered evidence must be filed within a 20
223228 reasonable time of its discovery. 21
224229 …." 22
225230 SECTION 16. G.S. 15A-1419(e) reads as rewritten: 23
226231 "(e) For the purposes of subsection (b) of this section, a fundamental miscarriage of justice 24
227232 only results if: 25
228233 (1) The defendant establishes that more likely than not, but for the error, no 26
229234 reasonable fact finder would have found the defendant guilty of the underlying 27
230235 offense; oroffense. 28
231236 (2) The defendant establishes by clear and convincing evidence that, but for the 29
232237 error, no reasonable fact finder would have found the defendant eligible for 30
233238 the death penalty. 31
234239 A defendant raising a claim of newly discovered evidence of factual innocence or ineligibility 32
235240 for the death penalty, otherwise barred by the provisions of subsection (a) of this section or 33
236241 G.S. 15A-1415(c), may only show a fundamental miscarriage of justice by proving by clear and 34
237242 convincing evidence that, in light of the new evidence, if credible, no reasonable juror would 35
238243 have found the defendant guilty beyond a reasonable doubt or eligible for the death penalty." 36
239244 SECTION 17. Subchapter XV of Chapter 15A of the General Statutes is repealed. 37
240245 SECTION 18. G.S. 90-1.1(5) reads as rewritten: 38
241246 "(5) The practice of medicine or surgery. – Except as otherwise provided by this 39
242247 subdivision, the practice of medicine or surgery, for purposes of this Article, 40
243248 includes any of the following acts: 41
244249 a. Advertising, holding out to the public, or representing in any manner 42
245250 that the individual is authorized to practice medicine in this State. 43
246251 b. Offering or undertaking to prescribe, order, give, or administer any 44
247252 drug or medicine for the use of any other individual. 45
248253 c. Offering or undertaking to prevent or diagnose, correct, prescribe for, 46
249254 administer to, or treat in any manner or by any means, methods, or 47
250255 devices any disease, illness, pain, wound, fracture, infirmity, defect, or 48
251256 abnormal physical or mental condition of any individual, including the 49
252257 management of pregnancy or parturition. 50 General Assembly Of North Carolina Session 2025
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254259 d. Offering or undertaking to perform any surgical operation on any 1
255260 individual. 2
256261 e. Using the designation "Doctor," "Doctor of Medicine," "Doctor of 3
257262 Osteopathy," "Doctor of Osteopathic Medicine," "Physician," 4
258263 "Surgeon," "Physician and Surgeon," "Dr.," "M.D.," "D.O.," or any 5
259264 combination thereof in the conduct of any occupation or profession 6
260265 pertaining to the prevention, diagnosis, or treatment of human disease 7
261266 or condition, unless the designation additionally contains the 8
262267 description of or reference to another branch of the healing arts for 9
263268 which the individual holds a valid license in this State or the use of the 10
264269 designation "Doctor" or "Physician" is otherwise specifically 11
265270 permitted by law. 12
266271 f. The performance of any act, within or without this State, described in 13
267272 this subdivision by use of any electronic or other means, including the 14
268273 Internet or telephone. 15
269274 The administration of required lethal substances or any assistance whatsoever 16
270275 rendered with an execution under Article 19 of Chapter 15 of the General 17
271276 Statutes does not constitute the practice of medicine or surgery." 18
272277 SECTION 19. G.S. 90-85.38(b) reads as rewritten: 19
273278 "(b) The Board, in accordance with Chapter 150B of the General Statutes, may suspend, 20
274279 revoke, or refuse to grant or renew any permit for the same conduct as stated in subsection (a). 21
275280 The administration of required lethal substances or any assistance whatsoever rendered with an 22
276281 execution under Article 19 of Chapter 15 of the General Statutes does not constitute the practice 23
277282 of pharmacy under this Article, and any assistance rendered with an execution under Article 19 24
278283 of Chapter 15 of the General Statutes shall not be the cause for disciplinary action under this 25
279284 Article.subsection (a) of this section." 26
280285 SECTION 20. G.S. 90-171.20(4) reads as rewritten: 27
281286 "(4) "Nursing" is a dynamic discipline which includes the assessing, caring, 28
282287 counseling, teaching, referring and implementing of prescribed treatment in 29
283288 the maintenance of health, prevention and management of illness, injury, 30
284289 disability or the achievement of a dignified death. It is ministering to; 31
285290 assisting; and sustained, vigilant, and continuous care of those acutely or 32
286291 chronically ill; supervising patients during convalescence and rehabilitation; 33
287292 the supportive and restorative care given to maintain the optimum health level 34
288293 of individuals, groups, and communities; the supervision, teaching, and 35
289294 evaluation of those who perform or are preparing to perform these functions; 36
290295 and the administration of nursing programs and nursing services. For purposes 37
291296 of this Article, the administration of required lethal substances or any 38
292297 assistance whatsoever rendered with an execution under Article 19 of Chapter 39
293298 15 of the General Statutes does not constitute nursing." 40
294299 SECTION 21. The Attorney General shall, on behalf of each person convicted of a 41
295300 capital offense and sentenced to death on or before the effective date of this act, petition the court 42
296301 in which the person was convicted to resentence the person pursuant to this act. Upon hearing 43
297302 the petition, the court shall order that the death sentence imposed by the judgment be vacated and 44
298303 the defendant resentenced to life imprisonment without the possibility of parole. 45
299304 SECTION 22. This act is effective when it becomes law and applies to any person 46
300305 sentenced to death before, on, or after that date. 47