Republican State Legislators Introduce Iryna’s Law To Crack Down On Dangerous Pre-Trial Release Policies
Last night, before the General Assembly officially reconvened today, North Carolina Senate Leader Phil Berger and Speaker of the North Carolina House Destin Hall officially announced the introduction of House Bill 307, Iryna’s Law. This legislation works to address serious concerns over soft-on-crime policies pushed by former Governor Cooper and other progressives that endanger the public.
"Iryna should still be alive. She should be thriving and enjoying time with her family and friends," Senate Leader Phil Berger (R-Rockingham) said. "We cannot let North Carolina be held hostage by woke, weak-on-crime policies and court officials who prioritize criminals over justice for victims. We are also taking steps to revive the death penalty for those who commit the most heinous crimes."
The legislation creates a new category of “violent offenses” for which a judge or magistrate must impose certain conditions for pretrial release, including GPS monitoring.
For first-time violent offenders, the only options are secured bond or house arrest with electronic monitoring. For second or subsequent offenses, the only option for release is secured bond and house arrest with electronic monitoring. As for repeat offenders, this bill requires judicial officials to impose a secured bond or house arrest with electronic monitoring on any defendant who has been convicted of three or more offenses in the last 10 years, regardless of whether those offenses are considered violent.
House Speaker Destin Hall (R-Caldwell) said, "North Carolinians deserve to live in safe communities without fear of violent criminals being cycled in and out of the justice system. This legislation eliminates dangerous cashless bail policies, holds magistrates accountable, sets a new standard requiring judicial officials to order mental health evaluations and, when necessary, involuntary commitment. We will simply not tolerate policies that allow violent offenders back onto our streets to commit more crimes and jeopardize public safety."
Additionally, the legislation addresses mental health concerns as it impacts the criminal justice system by creating a new protocol for mental evaluations. If a defendant is charged with a violent offense and has been involuntarily committed within the last three years, or if the defendant is charged with any offense and the judicial official has cause to believe the defendant is a danger to himself or others. The judicial official must order that the defendant be evaluated for involuntary commitment.
Finally, the legislation takes step to remove the judicial roadblocks that has prevented the administration of the death penalty for over two decades. Instead of letting appeals sit indefinitely, they must now be heard within tow years of filing, and continuance will not be granted unless a judge finds extenuating circumstance. The bill requires any appeal or motion that was filed more than 24 months ago to be heard within the next year. Any hearings related to a death penalty case would be required to be held in the county where the offender was convicted.
The bill would also add committing a capital felony while the victim was using public transportation as an aggravating factor for seeking the death penalty. This ensures that prosecutors can pursue, and the courts can impose, the death penalty without question for similar crimes like the one that took Iryna's life.
Additionally, the bill would:
Clarify that a judicial official must review and consider the defendant’s criminal history before setting conditions of pretrial release.
Require a judicial official to make written findings of fact explaining the reason why the official determined the conditions of release in each case.
Specify that a judge or magistrate's failure to make these required findings is grounds for removal.
Allow the Chief Justice of the Supreme Court or the Chief District Court Judge to initiate suspension proceedings for magistrates.
Require the Collaboratory to study the intersection of mental health and the justice system in North Carolina for both adults and juveniles, as well as the availability of house arrest as a condition of pretrial release, and alternative methods of execution aside from those already authorized in North Carolina.
The bill will move through the committee process this week at the General Assembly. Republicans hope to pass it this legislation quickly.
Tim’s Take: These legislative changes directly address the concerns raised by the murder of Iryna Zarutska on the Charlotte light rail. However, these policies changes are normally opposed by Democrats, so this may be a tough vote for Democrats in competitive races. Do they side with their key supporters on the radical left or pretend to be a moderate to avoid the political consequences?
