NC crime bill with changes to bail and death penalty laws goes to Gov. Stein's desk
Published in News & Features
RALEIGH, N.C. — North Carolina lawmakers sent a wide-ranging crime bill to Democratic Gov. Josh Stein on Tuesday that would enact stricter bail rules for a broad new category of “violent offenses” and expand when mental health evaluations are conducted.
The bill, drafted by House and Senate Republicans in the wake of the fatal stabbing of Iryna Zarutska on a Charlotte light rail train last month, could also open the door to executions resuming in the state after ongoing legal challenges over claims of racial bias in capital cases are resolved.
House Bill 307, which GOP lawmakers named “Iryna’s Law,” was negotiated by Republicans in both chambers in recent weeks and was released publicly Sunday evening. It was taken up first by the Senate, where it appeared to have bipartisan support.
That changed Monday evening, when Republicans amended the bill to direct state prison officials to implement alternative methods of execution, prompting many Democrats to walk out of the chamber and refuse to vote on the bill. It passed 28-8.
In the House, however, multiple Democrats joined Republicans in voting for the bill. It cleared the lower chamber 82-30.
Debate in the House was charged with anger and frustration over the stabbing of Zarutska, a 23-year-old refugee from Ukraine, which drew national attention this month after local authorities released gruesome surveillance footage of the incident.
The death penalty has been a part of the conversation around the country, and North Carolina Republicans announced earlier this month that they were looking at ways to restart executions, which have been paused since 2006 due to court challenges. President Donald Trump has called for the man accused of killing Zarutska, 34-year-old DeCarlos Brown Jr., to receive the death penalty.
Rep. Tricia Cotham, a Republican who represents a district outside of Charlotte, said that Zarutska’s death was “preventable” and was a “direct result of judicial officials being too soft on crime.”
Democrats criticized the changes to bail laws that are included in the bill, and the absence of additional funding for mental health treatment. They also slammed the effort by Republicans to restart executions, expressing concerns about the effectiveness of capital punishment in deterring crime, racial bias in trials and sentencing, and the potential for innocent people to be sent to death row.
One major change in the bill is the elimination of written promises to appear as one of the conditions for pre-trial release judges and magistrate can set.
The bill also creates a new category of “violent offenses” under state law, grouping together a wide range of existing offenses for the purpose of outlining charges that would only qualify for pre-trial release on a secured bond, or on house arrest with electronic monitoring.
Democratic Rep. Marcia Morey, a retired judge from Durham, said while Republicans have taken aim at “cashless bail,” the bill they drafted leaves the option for unsecured bonds, which don’t require paying the bond amount before release, only if a defendant fails to appear in court. The bill ends releases on written promises to appear, but not unsecured bonds.
Ahead of the legislature reconvening this week, Stein said the crime bill “needs to make investments in public safety to put more cops on the beat, ensure that the magistrate system effectively holds criminals accountable, and keep people safe on public transportation and on our streets.”
Stein spokesperson Morgan Hopkins said on Monday the governor’s office was reviewing the bill.
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