N.C. Senate Votes to Ban Executions of Impaired

The bill must be approved by the N.C. House and Gov. Mike Easley before becoming law. If it does pass, it would go into effect in December but would not be retroactive.

Sen. Frank Ballance, D-Bertie, the bill's sponsor, said the ban would be contingent on an individual scoring 70 or below on an IQ test, exhibiting "significant subaverage intellectual function."

But the IQ test must have been taken before the murder is committed for the defendant to be exempt from execution, and any defendant who is found to be mentally incompetent still could receive a life-without-parole sentence.

A defendant found to be mentally disabled after committing the crime can introduce evidence from the IQ test but still could receive the death penalty.

Senators opposed to the bill claimed that it would take power from the state's judicial system and give it to the legislature.

But Ballance said the bill is necessary to protect those individuals who commit horrendous crimes "with the mind of a 12-year-old."

Ballance said communities calling for a moratorium on the death penalty played a role in this bill.

"I think it would be folly for any representative not to regard the wishes of his constituents," he said.

Carrboro and Chapel Hill town governments, along with several other N.C. municipalities, have both passed resolutions calling for a moratorium on the death penalty.

Dave Richard, executive director of Association of Retarded Citizens of North Carolina, said he is glad the Senate approved the bill this year. "We've been involved in this effort for 10 years."

Richard said he will be meeting with House members in the near future, educating them about the bill and trying to build support. "I'll be talking to legislators, answering questions and relaying accurate information (about the bill) to them."

Ballance said he is not sure how the bill will fare in the House, saying he has not spoken directly with any Representatives concerning the matter.

But Sen. Austin Allran, R-Catawba, who voted against the bill, said making intelligence more important than knowing right from wrong sets a bad precedent.

Allran said this issue is outside the legislature's jurisdiction.

"It's not for the legislature to decide the issue," he said. "That's why we have a judicial system."

Allran said he does not believe the bill will pass in the House because the House, with a stronger Republican presence, is more conservative than the Senate.

If the bill passes, Ballance said he is confident that Easley will sign it.

But Cari Hepp, communications director in Easley's office, said the governor has not made any official statement on the bill. "The legislation is a moving target at the moment, and the governor is not going to comment."

The State & National Editor can be reached at stntdesk@unc.edu.