Potential challenges lie ahead for ‘Iryna’s Law’ in North Carolina

RALEIGH, N.C. (WNCN) – A controversial tough-on-crime bill in North Carolina could face an uphill battle despite getting the governor’s seal of approval.

House Bill 307, also referred to as Iryna’s Law, calls for using the firing squad or electric chair as execution methods for the death penalty if lethal injection isn’t available. North Carolina has been in a moratorium for nearly two decades, partly because of lawsuits around the drug used in lethal injections.

If a death row inmate’s case moves forward under the law, political experts say a lawsuit would be likely.

“It’s going to face a tough road going forward,” David McLennan with Meredith College said of the law, which was named after a Ukrainian woman stabbed and killed on a Charlotte train last month. “I think there are going to be some potential lawsuits that come up because of the death penalty part of the bill.”

There could be other legal challenges as well.

“It sounds nice to limit the ability of magistrates or judges to release someone on something other than just their signature for a future trial date, but in terms of the practicality of that, it may be difficult for the judicial system in North Carolina to carry that out,” McLennan said.

He says it could also pose challenges or risks for jails and prisons across the state.

“We’ve got, in some counties, tremendous jail overcrowding, and we’re talking about keeping people in jail awaiting trial,” McLennan said. “Again, it becomes a real practical issue for the sheriffs in the 100 counties in North Carolina.”

While in the state General Assembly, Senate Democrats voted against the bill. Several House Democrats voted in favor. McLennan says that wasn’t entirely unexpected.

“We have some moderate Democrats who face serious crime issues in their districts and feel strongly that we need tougher either bail guidelines or even the use of the death penalty,” he said.

When signing the bill into law, Governor Josh Stein made it clear he didn’t agree with the death penalty portion of the bill. He said no executions from the electric chair or firing squad will happen under his administration.