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SB 94

Vehicle Bill.

2026 Regular Session Introduced by Shelli Yoder

SB 94 repeals the death penalty in North Carolina, replacing it with life imprisonment without parole and mandating resentencing for all current death-row inmates.

Authored by Senator Yoder
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Bill Summary · SB 94

SB 94 — Repeal Death Penalty (Edition 1)

Status: Passed 1st Reading
Introduced: January 23, 2025

Main purpose

SB 94 would abolish the death penalty under North Carolina law and convert the sentencing scheme so that persons previously subject to capital punishment would instead receive life imprisonment without the possibility of parole. The bill also makes related statutory changes across criminal procedure and sentencing law to remove or adapt provisions that currently assume a capital sentencing regime.

Key provisions and changes

  • Repeal and replacement of capital‑related statutes:
    • Repeals G.S. 7A‑450(b1) and G.S. 15‑176.1, and repeals Article 17A and Article 19 of Chapter 15 (statutory provisions tied to capital postconviction and related procedures).
    • Amends G.S. 14‑17(a) (first‑degree murder) to eliminate capital punishment as a distinct sentence and to provide life imprisonment without parole as the applicable severe sentence.
    • Amends habitual and violent habitual felon statutes (G.S. 14‑7.2, 14‑7.8, 14‑7.12) to align sentencing text with the abolition of the death penalty and specify life without parole where previously death was referenced.
  • Resentencing:
    • Requires that all current prisoners sentenced to death be resentenced to life imprisonment without the possibility of parole.
  • Procedural and criminal‑justice operational changes:
    • Modifies evidence retention rules (G.S. 15A‑268(a6)): where previously evidence for death‑penalty convictions was preserved “until execution,” retention is updated (e.g., for life without parole cases the evidence must be preserved until the convict’s death).
    • Adjusts arrest, bail, and other provisions that reference offenses punishable by death (e.g., G.S. 15A‑734, 15A‑736) to reflect the new sentencing landscape.
    • Alters jury‑waiver language (G.S. 15A‑1201(b)) to reflect that the right‑waiver provision applies when the State is not seeking a sentence of death.

Who would be affected

  • People on the State’s death row: primary, immediate effect — resentenced to life without parole.
  • Courts, prosecutors, public defenders and appellate offices: must implement resentencing, adjust charging, sentencing practice, and postconviction handling.
  • Correctional system: may see longer/more stable life‑term population (operational and cost implications).
  • Victims and families: change in sentencing outcomes and postconviction remedies.
  • Law enforcement and forensic labs: changes to evidence‑retention triggers and durations.

Procedural/timeline notes

  • The bill was introduced in early 2025 and passed its first reading. If enacted, resentencing of current death‑sentenced prisoners would be required by the bill language; many cross‑references and related statutory provisions are repealed or amended to implement the repeal.
  • Implementation will require judicial resentencing proceedings and administrative updates across courts, corrections, and forensic evidence management systems.

Potential impacts (summary)

  • Legal: ends capital punishment as a sentencing option and restructures statutes and procedures tied to capital cases.
  • Correctional: increases or stabilizes life‑without‑parole population; administrative/prison‑capacity implications.
  • Administrative: courts and agencies must update rules, forms, and evidence retention plans; numerous statutory cross‑references must be harmonized.

This summary focuses on the principal structural and operational effects of SB 94 as drafted (Edition 1). For legislative drafting details and implementation mechanics, consult the bill text and affected statutory sections listed above.

Compiled from official sources — confirm details with the bill’s official record.

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