In the wake of the tragic stabbing of a Ukrainian refugee on Charlotte's light rail system, the North Carolina legislature has given its final nod to a comprehensive criminal justice package.
This legislation aims to restrict bail and ensure a greater number of defendants undergo mental health evaluations. The bill, penned by Republicans, could also potentially pave the way for the resumption of executions in the state.
The House approved the measure with an 82-30 vote, following its passage in the Senate on Monday. The bill now awaits the signature of Democrat Governor Josh Stein.
According to Newsmax, Stein, who previously served as attorney general, has expressed support for some pretrial reforms in the aftermath of the fatal attack on 23-year-old Iryna Zarutska on August 22. However, it remains uncertain whether Stein will sign the bill into law or veto it. A spokesperson for Stein stated that the governor is currently reviewing the measure.
The suspect in the attack, Decarlos Brown Jr., had been arrested over a dozen times prior to the incident and was released earlier this year by a magistrate on a misdemeanor count without any bond. Brown now faces charges of first-degree murder in state court and a federal count in relation to Zarutska's death. Both crimes carry the potential for the death penalty.
Charlotte-area Republican state Rep. Tricia Cotham argued during a two-hour House debate that Brown should have never been allowed out of the jail. The catch-and-release practices for violent offenders will end today with your support. She added, This heinous act was preventable.
The public outcry following Zarutska's death was further fueled by the release of a security video showing the attack on the commuter train. This led President Donald Trump and GOP allies to accuse Charlotte and statewide elected Democrats of endorsing lenient crime policies.
The bill, named Iryna's Law, primarily focuses on abolishing cashless bail for many crimes, limiting the discretion of magistrates and judges in making pretrial release decisions, and outlining when offenders should be evaluated for possible involuntary commitment. Brown's mother has told media outlets that her son has been diagnosed with schizophrenia.
Several House Democrats have contested the lenient-on-crime label, arguing that Republicans have controlled the General Assembly for over a decade. They claim the bill falls short in providing mental health services that could prevent crimes before they occur, as well as funds to hire additional police officers and crisis responders and to house defendants with behavioral problems.
Democrat Rep. Marcia Morey of Durham, a former judge, stated, Tough on crime doesnt only mean lets pay attention to punishment after the fact. We grieve the murder. It was senseless, it was horrible. But what you are voting on today does nothing to take it back or would have prevented it. Lets get smart on crime.
In contrast to Monday's party-line Senate vote, over one-third of House Democrats present joined all Republicans in voting for the bill on Tuesday. This indicates that any veto by Stein could potentially be overridden.
The bill initially contained language that would require certain appeals for death-row inmates to be heard and reviewed by courts by the end of 2027. More than 120 people are currently on death row in North Carolina, but no execution has been carried out since 2006.
However, an amendment from powerful Senate leader Phil Berger would direct the state Adult Correction Department secretary to find another form of execution if lethal injection currently the states sole method is declared unconstitutional or is not available, potentially if the drugs cant be accessed.
The secretary would have to select another method thats been adopted by another state. This could include the use of a firing squad, a method used to execute South Carolina inmates twice this year, or perhaps electrocution.
Capital punishment has been put on hold in North Carolina in part over legal challenges on the use of the injection drugs. Inmate challenges also have occurred under a now-repealed law that has allowed some prisoners to receive life without parole if they could show racial bias was the reason for their death sentence.
Berger told reporters Monday that he would seek to loosen the knot that has halted executions. "For nearly two decades, judicial and administrative roadblocks have stopped true justice for victims, and its time for that to end, Berger said in a news release Monday.
Democrats have criticized Bergers addition, arguing it's wrong and cynical to use the measure to push what one lawmaker called barbaric punishments to take someone elses life. No matter what you think about the death penalty more generally, theres just no question that these methods are risky and have the potential to be extremely gruesome, said Democrat Rep. Vernetta Alston, an attorney who previously represented death-row inmates in appeals.
The fate of the bill now lies in the hands of Governor Stein, whose decision will undoubtedly have far-reaching implications for the state's criminal justice system. The proposed changes to the state's approach to crime and punishment, particularly the potential resumption of capital punishment, have sparked intense debate and will continue to be a focal point of discussion in the coming days.
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