A subcommittee of the North Carolina House of Representatives voted unanimously today in support of a bill that would exempt persons with severe mental illness from execution. Under H659, a defendant who is found to have a severe mental disability could still be punished for first-degree murder (they would receive life in prison without the possibility of parole), but they would not be eligible for the death penalty.
A “severe mental disability” is defined as any mental disability or defect that significantly impairs a person’s capacity to do any of the following:
- Appreciate the nature, consequences, or wrongfulness of the person’s conduct;
- Exercise rational judgment in relation to conduct; or
- Conform the person’s conduct to the requirements of the law.
The bill also requires that:
- The person’s mental disability manifested itself prior to the crime;
- That the disability not be manifested primarily by repeated criminal conduct; and
- That the disability not be solely attributable to the acute effects of alcohol or other drugs.
The bill has both Republican and Democratic sponsors and is now moving on to the House Appropriations committee.
Posted by deathwatch 