As session continues in the Senate, Senate Bill 461, North Carolina Racial Justice Act is considered. The bill says that race can be a factor in a capital punishment appeal.

Sen. Phil Berger (R-Rockingham) moves to amend the bill to re-institute lawful executions for the death penalty pursuant to a recent NC Supreme Court decsion. The amendment passes 37-10.

In a side note, senators can vote from anywhere in the chamber, unlike House members who must be at their desk and engage their voting machine. But they must be in the chamber when the vote is called. At the conclusion of the amendment vote, Sen. Hoyle asked to be included in the vote since he was in the doorway temporarily detained when the vote was called. Sen. McKissick (D-Durham) who entered the chamber after the vote asked to be included as well and said he was in the chamber at the time of the vote.  Sen. Rand called him on it, McKissick asked for the rules to be suspended which they did and his vote was counted after all.

Sen. Fletcher Hartsell (R-Cabarrus) proposes an amendment to eliminate contiguous districts in gathering racial statistics. Amendment fails with 22 voting yes; 27 no.

Vote on the NC Racial Justice Act passes 35 – 13. Sen Phil Berger objects to third reading so the bill will be voted on again tomorrow.