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HB 0185 - Death penalty; jury findings; aggravating circumstance; change provisions

Tracking Level: Monitor
Sponsor: Fleming,Barry 117th
Last Action: 3/27/2007 - Senate Read and Referred
House Committee: JudyNC
Senate Committee: JUDY
Assigned To:
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Staff Analysis of the Legislation

Amend Article 2 of chapter 10 of Title 17.  Provide that the death penalty may be imposed where the jury finds as least one aggravating circumstance but is unable to reach a unanimous verdict as to the sentence.  In such a case, the judge shall dismiss the jury and impose a sentence of life imprisonment, imprisonment for life without parole, or death. 


In imposing the sentence, if the jury finds beyond a reasonable doubt that the defendant committed at least one statuary aggravating circumstance, the judge may sentence the defendant to imprisonment for life without parole if the judge has been informed by the jury foreperson that upon tier last vote at least 11 of the jurors cast their vote for a sentence of death or for a sentence of life imprisonment without parole; or, death if the judge has been informed that upon their last vote at least nine of the jurors cast their vote for death.  The Act shall become effective on, and shall apply to all offenses which occur on or after July 1, 2007.

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