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Section 15-190 – Person or persons to be designated by warden to execute sentence; supervision of execution; who shall be present

May 14, 2021 | Criminal Procedure, North Carolina

(a) Correction custody personnel or some other reliable person or persons to be named and designated by the warden from time to time shall cause the person, convict or felon against whom the death sentence has been so pronounced to be executed as provided by this Article and all amendments thereto. The execution shall be under the general supervision and control of the warden of the penitentiary, who shall from time to time, in writing, name and designate the correctional custody personnel or other reliable person or persons who shall cause the person, convict or felon against whom the death sentence has been pronounced to be executed as provided by this Article and all amendments thereto. At such execution there shall be present the warden or deputy warden or some person designated by the warden in the warden’s place, and a licensed physician, or a medical professional other than a physician, to monitor the injection of the required lethal substances and certify the fact of the execution. If a licensed physician is not present at the execution, then a licensed physician shall be present on the premises and available to examine the body after the execution and pronounce the person dead. Four respectable citizens, two members of the victim’s family, the counsel and any relatives of such person, convict or felon and a minister or member of the clergy or religious leader of the person’s choosing may be present if they so desire. The identities, including the names, residential addresses, residential telephone numbers, and social security numbers, of witnesses or persons designated to carry out the execution shall be confidential and exempted from Chapter 132 of the General Statutes and are not subject to discovery or introduction as evidence in any proceeding. The Senior Resident Superior Court Judge for Wake County may order disclosure of names made confidential by this section after making findings that support a conclusion that disclosure is necessary to a proper administration of justice.

For purposes of this section, a “medical professional other than a physician” means a physician assistant, nurse practitioner, registered nurse, emergency medical technician, or emergency medical technician-paramedic who is licensed or credentialed by the licensing board, agency, or organization responsible for licensing or credentialing that profession.

(b) The warden shall report to the Joint Legislative Oversight Committee on Justice and Public Safety by April 1, 2014, and thereafter on October 1 of each year, on the status of the persons required by subsection (a) of this section to be named and designated by the warden to execute death sentences under this Article. The report shall confirm that the required persons are properly trained and ready to serve as an execution team. Alternatively, the Chairs of the Joint Legislative Oversight Committee on Justice and Public Safety may direct that the reports required under this subsection be made on other dates consistent with the Committee’s schedule.

N.C. Gen. Stat. ยง 15-190

Amended by 2016 N.C. Sess. Laws 77,s. 8-a, eff. 7/1/2016.
Amended by 2015 N.C. Sess. Laws 198,s. 1, eff. 8/5/2015.
Amended by 2013 N.C. Sess. Laws 154,s. 4, eff. 6/19/2013.
Amended by 2004 N.C. Sess. Laws 0203, s. 22, eff. 8/17/2004.
Amended by 2004 N.C. Sess. Laws 0199, s. 52, eff. 8/17/2004.
Amended by 2004 N.C. Sess. Laws 0124, s. 17.6A, eff. 7/1/2004.
1909, c. 443, s. 4; C.S., s. 4660; 1925, c. 123; 1935, c. 294, s. 3; 1983, c. 678, s. 3; 1997-70, s. 1.
The amendment of this section by 2004 N.C. Sess. Laws 0203, s. 22, eff. 8/17/2004, was repealed by 2004 N.C. Sess. Laws 0199, s. 52, eff. 8/17/2004.