§ 15A-2011. Proof of racial discrimination. - North Carolina Statutes

§ 15A‑2011.  Proof ofracial discrimination.

(a)        A finding that racewas the basis of the decision to seek or impose a death sentence may beestablished if the court finds that race was a significant factor in decisionsto seek or impose the sentence of death in the county, the prosecutorialdistrict, the judicial division, or the State at the time the death sentencewas sought or imposed.

(b)        Evidence relevantto establish a finding that race was a significant factor in decisions to seekor impose the sentence of death in the county, the prosecutorial district, thejudicial division, or the State at the time the death sentence was sought orimposed may include statistical evidence or other evidence, including, but notlimited to, sworn testimony of attorneys, prosecutors, law enforcementofficers, jurors, or other members of the criminal justice system or both,that, irrespective of statutory factors, one or more of the following applies:

(1)        Death sentences weresought or imposed significantly more frequently upon persons of one race thanupon persons of another race.

(2)        Death sentences weresought or imposed significantly more frequently as punishment for capitaloffenses against persons of one race than as punishment of capital offensesagainst persons of another race.

(3)        Race was asignificant factor in decisions to exercise peremptory challenges during juryselection.

A juror's testimony under thissubsection shall be consistent with Rule 606(b) of the North Carolina Rules ofEvidence, as contained in G.S. 8C‑1.

(c)        The defendant hasthe burden of proving that race was a significant factor in decisions to seekor impose the sentence of death in the county, the prosecutorial district, thejudicial division, or the State at the time the death sentence was sought orimposed. The State may offer evidence in rebuttal of the claims or evidence ofthe defendant, including statistical evidence. The court may consider evidenceof the impact upon the defendant's trial of any program the purpose of which isto eliminate race as a factor in seeking or imposing a sentence of death.  (2009‑464, s. 1.)