GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
H D
HOUSE DRH30288-LL-139A (03/18)
Short Title: Restoring Proper Justice Act. |
(Public) |
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Sponsors: |
Representative Daughtry. |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to amend the law requiring the presence of a licensed physician at the execution of a death sentence.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 15‑190 reads as rewritten:
"(a) Some guard or guards or other reliable person
or persons to be named and designated by the warden from time to time shall
cause the person, convict or felon against whom the death sentence has been so
pronounced to be executed as provided by this Article and all amendments
thereto. The execution shall be under the general supervision and control of
the warden of the penitentiary, who shall from time to time, in writing, name
and designate the guard or guards or other reliable person or persons who shall
cause the person, convict or felon against whom the death sentence has been
pronounced to be executed as provided by this Article and all amendments
thereto. At such execution there shall be present the warden or deputy warden
or some person designated by the warden in the warden's place, and a licensed physician.physician,
or a medical professional other than a physician as defined in this subsection,
to monitor the injection of the required lethal substances and certify the fact
of the execution. If a licensed physician is not present at the execution, then
a licensed physician shall be present on the premises and available to examine
the body after the execution and pronounce the person dead. Four
respectable citizens, two members of the victim's family, the counsel and any
relatives of such person, convict or felon and a minister or member of the
clergy or religious leader of the person's choosing may be present if they so
desire. The identities, including the names, residential addresses, residential
telephone numbers, and social security numbers, of witnesses or persons
designated to carry out the execution shall be confidential and exempted from
Chapter 132 of the General Statutes and are not subject to discovery or
introduction as evidence in any proceeding. The Senior Resident Superior Court
Judge for Wake County may order disclosure of names made confidential by this
section after making findings that support a conclusion that disclosure is
necessary to a proper administration of justice.
For purposes of this Article, a "medical professional other than a physician" means a physician assistant, advanced degree nurse, registered nurse, or emergency medical technician‑paramedic who is licensed, certified, or credentialed by the licensing board, agency, or organization responsible for licensing, certifying, or credentialing that profession."
SECTION 2. G.S. 15‑192 reads as rewritten:
"§ 15‑192. Certificate filed with clerk.
The warden, together with the surgeon or physician of the
penitentiary,licensed physician who was present on the premises to
pronounce death as required by G.S. 15‑190, shall certify the
fact of the execution of the condemned person, convict or felon to the clerk of
the superior court in which such sentence was pronounced, and the clerk shall
file such certificate with the papers of the case and enter the same upon the
records thereof."
SECTION 3. This act is effective when it becomes law.