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Raleigh, N.C. – Today, the Republican-led N.C. Senate approved a measure that seeks to revive the death penalty in the state as part of a broader criminal justice reform package.
House Bill 307, "Iryna’s Law," makes several changes to remove roadblocks that have prevented the death penalty from being carried out in North Carolina.
"For nearly two decades, judicial and administrative roadblocks have stopped true justice for victims, and it's time for that to end," Senate Leader Phil Berger (R-Rockingham) said. "During my time in the Senate, I've worked to find ways to restart the death penalty, but judges, activist doctors, and weak-on-crime politicians have placed hurdle after hurdle in the way. I hope we can finally get justice for victims' families and for the people of North Carolina."
During Sen. Berger's tenure in the General Assembly, he voted against the Racial Justice Act and then voted to repeal it once Republicans earned the majority in the General Assembly. He's supported all previous efforts to revive the death penalty. During his time in the minority, he filed a bill to protect healthcare professionals who assist in lawful executions.
Last week, Sen. Berger sent Attorney General Jeff Jackson a letter requesting a status update on the 122 inmates currently on death row in the state.
"The process of investigating, prosecuting, and securing convictions in capital cases requires significant resources. When death sentences are not carried out, these resources — as well as the ongoing costs of housing these inmates — impose an unnecessary burden on taxpayers. More broadly, the extended delay in carrying out lawful death sentences erodes the public's confidence in our criminal justice system, particularly given that the death penalty remains legal in North Carolina," Sen. Berger wrote.
Under this proposal, instead of letting death penalty appeals sit indefinitely, they must now be heard within two years of filing, and continuances will not be granted unless the judge finds extenuating circumstances.
Any appeal or motion that was filed more than 24 months ago must be scheduled for hearing by December 2026, and the hearing must occur on or before December 2027. Any hearings related to a death penalty case would be required to be held in the county where the offender was convicted.
Additionally, the Senate approved Sen. Berger's amendment to the bill that would establish lethal injection as the default method of execution in the state. To prevent further delay, Sen. Berger's amendment instructs the Department of Adult Correction to adopt alternative methods of execution in the event a court or some other administrative roadblock prevents lethal injection from being carried out. It also sets time limits on the adoption of a new method to hold the Stein administration accountable.
Lastly, the amendment provides that any case in which a trial declares a method of execution unconstitutional is directly appealable to the N.C. Supreme Court.
Senate Democrats voted against Sen. Berger's amendment.
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