Article 19.
 Execution.
§ 15-187. Death by administration of lethal drugs.
 Death by electrocution under sentence of law and death by
the administration of lethal gas under sentence of law are
abolished. Any person convicted of a criminal offense and
sentenced to death shall be executed only by the administration
of a lethal quantity of an ultrashort-acting barbiturate in
combination with a chemical paralytic agent. The warden of
Central Prison may obtain and employ the drugs necessary to
carry out the provisions of this Article, regardless of contrary
provisions in Chapter 90 of the General Statutes. (1909, ch.
443, s. 1; C.S., s. 4657; 1935, c. 294, s. 1; 1983, c. 678, ss.
1, 4; 1998-212, s. 17.22(a).)
 
 
§ 15-188. Manner and place of execution.
 In accordance with G.S. 15-187, the mode of executing a
death sentence must in every case be by administering to the
convict or felon a lethal quantity of an ultrashort-acting
barbiturate in combination with a chemical paralytic agent until
the convict or felon is dead; and when any person, convict or
felon shall be sentenced by any court of the State having
competent jurisdiction to be so executed, the punishment shall
only be inflicted within a permanent death chamber which the
superintendent of the State penitentiary is hereby authorized
and directed to provide within the walls of the North Carolina
penitentiary at Raleigh, North Carolina. The superintendent of
the State penitentiary shall also cause to be provided, in
conformity with this Article and approved by the Governor and
Council of State, the necessary appliances for the infliction of
the punishment of death and qualified personnel to set up and
prepare the injection, administer the preinjections, insert the
IV catheter, and to perform other tasks required for this
procedure in accordance with the requirements of this Article.
(1909, c. 443, s. 2; C.S., s. 4658; 1935, c. 294, s. 2; 1983, c.
678, s. 2; 1998-212, s. 17.22(b).)
 
§ 15-189. Sentence of death; prisoner taken to penitentiary.
 Upon the sentence of death being pronounced against any
person in the State of North Carolina convicted of a crime
punishable by death, it shall be the duty of the judge
pronouncing such death sentence to make the same in writing,
which shall be filed in the papers in the case against such
convicted person. The clerk of the superior court in which such
death sentence is pronounced shall prepare a certified copy of
said judgment or sentence of death, including therewith a copy
of any notice or entries of appeal made in such case; if no
entries or notice of appeal have been made or given in such
case, a statement to the effect shall be included in the
certificate of the clerk; it shall also be the duty of the
district attorney, assistant district attorney, or attorney
prosecuting in behalf of the State in the absence of the
district attorney, to prepare and sign a certificate stating in
substance that he prosecuted said case in behalf of the State
and that notice or entries of appeal have or have not been made
or given in said case, and further that he has examined a copy
of said judgment or sentence of death certified by the clerk,
including the copy of the notice or entries of appeal or
statement to the effect that no appeal has been given, and to
the best of his knowledge the same is correct; the certificate
of said district attorney, or other prosecuting officer above
named, shall be attached to the certified copy of said sentence
of death, as prepared and certified by the clerk, and both
certificates shall be transmitted by the clerk of the superior
court in which said sentence of death is pronounced to the
warden of the State penitentiary at Raleigh, North Carolina; at
the same time and in the same manner, a duplicate original of
said certificates shall be prepared by the clerk of the superior
court and the district attorney, or other prosecuting officer
above named, and the said duplicate original or said
certificates shall be transmitted to the Attorney General of
North Carolina. If notice of appeal is given or entries of
appeal are made after the expiration of the term of superior
court in which said sentence of death is pronounced, said
certificates shall be prepared by the clerk of the superior
court in which said sentence is pronounced and by the district
attorney, or other prosecuting officer above named, prosecuting
in behalf of the State, in the same manner and shall be
transmitted as soon as possible to the warden of the State
penitentiary at Raleigh, North Carolina, and to the Attorney
General of North Carolina. The above certificates so prepared by
the clerk of the superior court in which such sentence of death
is pronounced and by the district attorney, or other prosecuting
officer above named, shall be transmitted by the clerk of the
superior court in which such sentence is pronounced to the
warden of the State penitentiary at Raleigh, North Carolina, and
to the Attorney General of North Carolina, not more than 20 or
less than 10 days before the time fixed in the judgment of the
court for the execution of the sentence; and in all cases where
there is no appeal, said sentence of death shall not be carried
out by the warden of the State penitentiary or by any of his
deputies or agents until said certificates so prepared and
transmitted by the clerk of the superior court in which said
sentence of death is pronounced, and by the district attorney,
or the prosecuting officer above named, have been received in
the office of the warden of the State penitentiary at Raleigh,
North Carolina. In all cases where there is no appeal from the
sentence of death and in all cases where the sentence is
pronounced against a prisoner convicted of the crime of rape it
shall be the duty of the sheriff, together with at least one
deputy, to convey to the penitentiary, at Raleigh, North
Carolina, such condemned felon or convict forthwith upon the
adjournment of the court in which the felon was tried, and
deliver the convict or felon to the warden of the penitentiary.
(1909, c. 443, s. 3; C.S., s. 4659; 1951, c. 899, s. 1; 1973, c.
47, s. 2.)
 
§ 15-190. Person or persons to be designated by warden to execute sentence; supervision of execution; who shall be present.
 Some guard or guards or 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 guard or guards 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
the surgeon or physician of the penitentiary. 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. (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.)
 
§ 15-191. Pending sentences unaffected.
 Nothing in G.S. 15-187, 15-188, and 15-190 shall be
construed to alter in any manner the execution of the sentence
of death imposed on account of any crime or crimes committed
before July 1, 1935. (1935, c. 294, s. 4.)
 
§ 15-192. Certificate filed with clerk.
 The warden, together with the surgeon or physician of the
penitentiary, shall certify the fact of the execution of the
condemned person, convict or felon to the clerk of the superior
court in which such sentence was pronounced, and the clerk shall
file such certificate with the papers of the case and enter the
same upon the records thereof. (1909, c. 443, s. 5; C.S., s.
4661.)
 
§ 15-193. Notice of reprieve or new trial.
 Should the condemned person, convict or felon be granted
a reprieve by the Governor or obtain a writ of error, or a new
trial be granted by the Supreme Court of the State of North
Carolina, or should the execution of the sentence be stayed by
any competent judicial tribunal or proceeding, notice of such
reprieve, new trial, appeal, writ of error or stay of execution
shall be served upon the warden or deputy warden of the
penitentiary by the sheriff of Wake County, in case such
condemned person is confined in the penitentiary, or upon any
sheriff having the custody of any such condemned person, also
upon the condemned person himself. (1909, c. 443, s. 6; C.S., s.
4662.)
 
§ 15-194. Time for execution.
 In sentencing a capital defendant to a death sentence
pursuant to G.S. 15A-2000(b), the sentencing judge need not
specify the date and time the execution is to be carried out by
the Department of Correction. The Secretary of Correction shall
immediately schedule a date for the execution of the original
death sentence not less than 30 days nor more than 60 days from
the date of receiving written notification from the Attorney
General of North Carolina or the district attorney who
prosecuted the case of any one of the following:
 (1) The United States Supreme Court has filed an
 opinion upholding the sentence of death following
 completion of the initial State and federal
 postconviction proceedings, if any;
 (2) The mandate issued by the Supreme Court of North
 Carolina on direct appeal pursuant to N.C.R. App.
 P. 32(b) affirming the capital defendant's death
 sentence and the time for filing a petition for
 writ of certiorari to the United States Supreme
 Court has expired without a petition being filed;
 (3) The capital defendant, if indigent, failed to
 timely seek the appointment of counsel pursuant to
 G.S. 7A-451(c), or failed to file a timely motion
 for appropriate relief as required by G.S.
 15A-1415(a);
 (4) The superior court denied the capital defendant's
 motion for appropriate relief, but the capital
 defendant failed to file a timely petition for writ
 of certiorari to the Supreme Court of North
 Carolina pursuant to N.C.R. App. P. 21(f);
 (5) The Supreme Court of North Carolina denied the
 capital defendant's petition for writ of certiorari
 pursuant to N.C.R. App. P. 21(f), or, if certiorari
 was granted, upheld the capital defendant's death
 sentence, but the capital defendant failed to file
 a timely petition for writ of certiorari to the
 United States Supreme Court; or
 (6) Following State postconviction proceedings, if any,
 the capital defendant failed to file a timely
 petition for writ of habeas corpus in the
 appropriate federal district court, or failed to
 timely appeal or petition an adverse habeas corpus
 decision to the United States Court of Appeals for
 the Fourth Circuit or the United States Supreme
 Court.
The Secretary shall send a certified copy of the document fixing
the date to the clerk of superior court of the county in which
the case was tried or, if venue was changed, in which the
defendant was indicted. The certified copy shall be recorded in
the minutes of the court. The Secretary shall also send
certified copies to the capital defendant, the capital
defendant's attorney, the district attorney who prosecuted the
case, and the Attorney General of North Carolina. (1909, c. 443,
s. 6; C.S., s. 4663; 1925, c. 55; 1951, c. 244, ss. 1, 2; 1973,
c. 47, s. 2; 1981, c. 900; 1995 (Reg. Sess., 1996), c. 719, s.
5; 1997-289, s. 1; 1999-358, s. 2.)
 
§ 15-195. Prisoner taken to place of trial when new trial
 granted.
 Should a new trial be granted the condemned person,
convict or felon against whom sentence of death has been
pronounced, after he has been conveyed to the penitentiary, he
shall be conveyed back to the place of trial by such guard or
guards as the warden of the penitentiary shall direct, their
expenses to be paid as is now provided by law for the conveyance
of convicts to the penitentiary. (1909, c. 443, s. 7; C.S., s.
4664.)
§ 15-196: Repealed by Session Laws 1989, c. 353, s. 3.