Bill Summary – FastDemocracy

FILED SENATE
                                                                                        Apr 5, 2021
                         GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                S.B. 557
                                     SESSION 2021           PRINCIPAL CLERK
     S                                                                   D
                             SENATE BILL DRS15237-MGap-31B
     Short Title:   Up SHP Pay & Death Benefits/Death Penalty.                                 (Public)
     Sponsors:      Senators Burgin and Davis (Primary Sponsors).
     Referred to:
                                     A BILL TO BE ENTITLED
 AN ACT INCREASING THE PAY AND DEATH BENEFITS OF MEMBERS OF THE
     STATE HIGHWAY PATROL KILLED OR MURDERED IN THE LINE OF DUTY; AND
     REQUIRING THAT A JURY DECIDE THE DEFENDANT'S SENTENCE IN EVERY
     CASE INVOLVING THE MURDER OF A LAW ENFORCEMENT OFFICER.
 The General Assembly of North Carolina enacts:
             SECTION 1.(a) There is appropriated from the General Fund to the Department of
 Public Safety, State Highway Patrol Division (SHP), the sum of eight million three hundred
 thousand dollars ($8,300,000) for the 2021-2022 fiscal year and the sum of eight million three
 hundred thousand dollars ($8,300,000) for the 2022-2023 fiscal year to increase the annual
 compensation of members of the State Highway Patrol. These compensation increases shall be
 awarded in accordance with the following pay schedule in order to extend the annual pay
 increases authorized in S.L. 2018-5 into a 10-year schedule of pay increases for members of the
 State Highway Patrol:
                                 Salary                              Experience
                                 46,228                                    0
                                 49,233                                    1
                                 52,433                                    2
                                 55,841                                    3
                                 59,471                                    4
                                 63,336                                    5
                                 67,452                                    6
                                 69,644                                    7
                                 71,908                                    8
                                 74,245                                    9
                                 76,658                                   10
             SECTION 1.(b) This section becomes effective July 1, 2021.
             SECTION 2.(a) G.S. 143-166.3 reads as rewritten:
 "§ 143-166.3. Payments; determination.
     (a)     When any covered person is killed in the line of duty, the Industrial Commission shall
 award a death benefit in the amount of one hundred thousand dollars ($100,000) to be paid to
 one of the following:
             (1)    The spouse of the covered person if there is a surviving spouse.
             (2)    If there is no surviving spouse, then payments shall be made to any surviving
                    dependent child of the covered person. If there is more than one surviving
                                *DRS15237-MGap-31B*
     General Assembly Of North Carolina                                                   Session 2021
                    dependent child, then the payment shall be made to and equally divided among
                    all surviving dependent children.
             (3)    If there is no surviving spouse and no surviving dependent child or children,
                    then payments shall be made to any surviving dependent parent of the covered
                    person. If there is more than one surviving dependent parent, then the
                    payments shall be made to and equally divided between the surviving
                    dependent parents of the covered person.
             (4)    If there is no surviving spouse, surviving dependent child, or surviving
                    dependent parent, then the payment shall be made to the estate of the deceased
                    covered person.
     (a1) On and after July 1, 2021, when any covered person who is a member of the State
 Highway Patrol is killed in the line of duty, in addition to the award under subsection (a) of this
 section, the Industrial Commission shall award a death benefit in the amount of nine hundred
 thousand dollars ($900,000) to be paid to one of the following:
             (1)    The spouse of the covered person if there is a surviving spouse.
             (2)    If there is no surviving spouse, then payments shall be made to any surviving
                    dependent child of the covered person. If there is more than one surviving
                    dependent child, then the payment shall be made to and equally divided among
                    all surviving dependent children.
             (3)    If there is no surviving spouse and no surviving dependent child or children,
                    then payments shall be made to any surviving dependent parent of the covered
                    person. If there is more than one surviving dependent parent, then the
                    payments shall be made to and equally divided between the surviving
                    dependent parents of the covered person.
             (4)    If there is no surviving spouse, surviving dependent child, or surviving
                    dependent parent, then the payment shall be made to the estate of the deceased
                    covered person.
     …
     (e)     On and after July 1, 2016, when any covered person is murdered in the line of duty,
 in addition to the award awards under subsection subsections (a) and (a1) of this section, the
 Industrial Commission shall award a death benefit in the amount of one hundred thousand dollars
 ($100,000) to be paid to one of the following:
             (1)    The spouse of the covered person if there is a surviving spouse.
             (2)    If there is no surviving spouse, then payments shall be made to any surviving
                    dependent child of the covered person. If there is more than one surviving
                    dependent child, then the payment shall be made to and equally divided among
                    all surviving dependent children.
             (3)    If there is no surviving spouse and no surviving dependent child or children,
                    then payments shall be made to any surviving dependent parent of the covered
                    person. If there is more than one surviving dependent parent, then the
                    payments shall be made to and equally divided between the surviving
                    dependent parents of the covered person.
             (4)    If there is no surviving spouse, surviving dependent child, or surviving
                    dependent parent, then the payment shall be made to the estate of the deceased
                    covered person."
             SECTION 2.(b) There is appropriated from the General Fund to the Department of
 State Treasurer the sum of six hundred thousand dollars ($600,000) in recurring funds for the
 2021-2022 fiscal year and the sum of six hundred thousand dollars ($600,000) in recurring funds
 for the 2022-2023 fiscal year to pay benefits provided for under Article 12A of Chapter 143 of
 the General Statutes.
     Page 2                                                                    DRS15237-MGap-31B
     General Assembly Of North Carolina                                                      Session 2021
              SECTION 2.(c) This section becomes effective July 1, 2021, and applies to
 qualifying deaths occurring on or after that date.
              SECTION 3.(a) G.S. 15A-2001 reads as rewritten:
 "§ 15A-2001. Capital offenses; plea of guilty.
     (a)      Any defendant who has been indicted for an offense punishable by death may enter a
 plea of guilty at any time after the indictment.
     (b)      If Except as provided in subsection (b1) of this section, if the defendant enters a guilty
 plea to first degree murder and the State has not given notice of intent to seek the death penalty
 as provided in G.S. 15A-2004 or the State has agreed to accept a sentence of life imprisonment
 where it initially gave notice of intent to seek the death penalty, then the court shall sentence the
 person to life imprisonment. The defendant may plead guilty to first degree murder and the State
 may agree to accept a sentence of life imprisonment, even if evidence of an aggravating
 circumstance exists.
     (b1) If the defendant enters a guilty plea to first degree murder in a case involving the
 murder of a law enforcement officer, employee of the Division of Adult Correction and Juvenile
 Justice of the Department of Public Safety, jailer, firefighter, judge or justice, former judge or
 justice, prosecutor or former prosecutor, juror or former juror, or witness or former witness
 against the defendant, while engaged in the performance of the person's official duties or because
 of the exercise of the person's official duty, the State shall not agree to accept a sentence of life
 imprisonment under subsection (b) of this section, but the jury shall make a recommendation as
 to the appropriate sentence pursuant to G.S. 15A-2000.
     (c)      If the defendant enters a guilty plea to first degree murder and the State has given
 notice of its intent to seek the death penalty, then the court may sentence the defendant to life
 imprisonment or to death pursuant to the procedures of G.S. 15A-2000. Before sentencing the
 defendant in a case in which the State has given notice of its intent to seek the death penalty, the
 presiding judge shall impanel a jury for the limited purpose of hearing evidence and determining
 a sentence recommendation as to the appropriate sentence pursuant to G.S. 15A-2000. The jury's
 sentence recommendation in cases where the defendant pleads guilty and the State has given
 notice of its intent to seek the death penalty shall be determined under the same procedure of
 G.S. 15A-2000 applicable to defendants who have been tried and found guilty by a jury."
              SECTION 3.(b) This section becomes effective December 1, 2021.
              SECTION 4. The provisions of this act are severable. If any provision of this act is
 held invalid by a court of competent jurisdiction, the invalidity shall not affect other provisions
 of this act which can be given effect without the invalid provision.
              SECTION 5. Except as otherwise provided, this act is effective when it becomes
 law.
     DRS15237-MGap-31B                                                                              Page 3
Statutes affected: 
Filed: 143-166.3, 15A-2001
Edition 1: 143-166.3, 15A-2001