North Carolina Passes "Iryna’s Law" Banning Cashless Bail

North Carolina's Senate Republicans overcame a roadblock to pass a new bill Monday that would usher in a series of changes to the criminal justice system.

It came in response to last month's deadly stabbing of a woman on a Charlotte light rail. Decarlos Brown, 34, is facing state and federal charges in connection to the case, which has drawn national attention.

House Bill 307 is called Iryna's Law. It is named after Iryna Zarutska, the 23-year-old Ukrainian refugee killed in that attack.

The proposed legislation has several components, including eliminating cashless bail for certain offenses and creating a new category of violent offenses in which a judge or magistrate must impose certain conditions for pretrial release, including GPS monitoring.

The bill was heard Monday morning in the judiciary committee, but then Senate debate over House Bill 307 stalled Monday evening as Senate Republicans found themselves at an impasse on how to respond to an amendment by Mecklenburg County Sen. Mujtaba Mohammed, a Democrat.

Mohammed introduced an amendment to the bill that would prohibit lawmakers from using a deceased victim's name, image, or likeness for political gain.

"It exploits grief for headlines, clicks, and votes. Protecting families from that kind of pain should not be controversial. This is not a partisan issue. It's a basic human decency," said Mohammed. "Their name deserves dignity, not weaponization. That it's not about politics. It's about respect. It's about a compassion for victims of crime. And if we as leaders can't draw the line, then we have no business in truly calling ourselves public servants."

Senate Republicans called for the session to be at ease while they scrambled to figure out how to respond and what to do next. Following the break, Sen. Danny Earl Britt Jr. called for HB 307 to be moved to the last calendar item for Monday and to discuss other business.

Eventually, the Republican-led Senate approved the measure, which seeks to revive the death penalty in the state as part of a broader criminal justice reform package.

"For nearly two decades, judicial and administrative roadblocks have stopped true justice for victims, and it's time for that to end," said Senate Leader Phil Berger, R-Rockingham. "During my time in the Senate, I've worked to find ways to restart the death penalty, but judges, activist doctors, and weak-on-crime politicians have placed hurdle after hurdle in the way. I hope we can finally get justice for victims' families and for the people of North Carolina."

Last week, Berger sent Democratic Attorney General Jeff Jackson a letter requesting a status update on the 122 inmates on the state's death row.

"The process of investigating, prosecuting, and securing convictions in capital cases requires significant resources. When death sentences are not carried out, these resources - as well as the ongoing costs of housing these inmates - impose an unnecessary burden on taxpayers. More broadly, the extended delay in carrying out lawful death sentences erodes the public's confidence in our criminal justice system, particularly given that the death penalty remains legal in North Carolina," Berger wrote.

Under this proposal, instead of letting death penalty appeals sit indefinitely, they must now be heard within two years of filing, and continuances will not be granted unless the judge finds extenuating circumstances.

Any appeal or motion that was filed more than 24 months ago must be scheduled for hearing by December 2026, and the hearing must occur on or before December 2027. Any hearings related to a death penalty case would be required to be held in the county where the offender was convicted.

The Senate also approved a Berger amendment to the bill that would establish lethal injection as the default method of execution in the state. Berger's amendment instructs the Department of Adult Correction to adopt alternative methods of execution in the event a court or some other administrative roadblock prevents lethal injection from being carried out. It also sets time limits on the adoption of a new method.

The amendment also provides that any case in which a trial declares a method of execution unconstitutional is directly appealable to the N.C. Supreme Court.

Senate Democrats voted against the amendment.

Separately, HB 307 would create a protocol for which court officials would be required to order mental health evaluations. This includes mandatory evaluations for involuntary commitment based on the suspect's history.Brown's mother reported he had suffered from mental health issues after being released from prison in an unrelated case.

The bill would also expedite death penalty appeals and add committing a capital felony while the victim was using public transportation as an aggravating factor for seeking the death penalty.

"After the senseless murder of Iryna Zarutska, we knew we had to act. This is why we created Iryna's Law. We will not rest until the days of woke, lazy crime policies dictated by officials who coddle criminals are behind us." Senate Judiciary Committee Chairmen Danny Britt, R-Robeson, Warren Daniel, R-Burke, and Buck Newton, R-Wilson, said in a joint statement.

Meanwhile, other state organizations voiced their position on the bill.

"We believe that House Bill 307 is a good first step in ensuring that those in our communities that are mentally ill are in mental hospitals and not in jails. And those that are dangerous criminals are in jails and not out on the street. We look forward, as Sen. Britt talked about, this is beginning, and we agree with that," said Eddie Caldwell on behalf of the North Carolina Sheriffs Association.

Liz Barber with the ACLU of North Carolina said, "Unless mental health care system is fully funded. And involuntary commitment process is a road to nowhere. We do not have the services to provide these people."

Medicaid funding also a hot topic

State lawmakers also tried to bridge the continued divide between the House and Senate on House Bill 562, a bill that addresses Medicaid funding cuts.

"We should be able to put aside partisan differences and get this Medicaid thing. These are real people and real places," said Rep. Abe Jones, who represents Wake County. Jones and several of his Democratic colleagues held a news conference Monday afternoon.

"Medicaid impacts 3.1 million North Carolinians across the state. Plus, you know, our expansion population, which is incredibly vulnerable, particularly from the federal cuts that are going to be coming down over the next year to two years," said Democrat Sarah Crawford.

The comments come as Senate Republicans and House Republicans disagree on portions of HB 562.

"Folks, we voted almost unanimously to expand Medicaid to work in North Carolinians not too long ago. And I want to encourage the House to not only take this up, but to pass it. This is what we need to do is the right thing to do," said Rep. Mike Corbin, who represents Clay, Graham, Haywood, Jackson, Macon, Swain, and Transylvania counties.

Monday evening, the Senate voted to pass HB 562 after some debate before it heads back to the House floor for further discussion.