NC House passes 'Iryna's Law', sending justice reform bill HB 307 to governor

RALEIGH, N.C. (WTVD) -- The North Carolina House of Representatives passed a bill on Tuesday that makes significant overhauls to the criminal justice system.

House Bill 307, also known as "Iryna's Law," passed 81-31 by what House Republicans called a "bipartisan, veto-proof majority." The bill was named in memory of Iryna Zarutska, a 23-year-old Ukrainian refugee who was stabbed to death on a Charlotte light-rail train last month in an attack that sparked outrage nationwide.

The NC Senate passed the measure on Monday. The bill now heads to Gov. Josh Stein's desk for his consideration.

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A spokesperson for the governor told ABC11 that "Our office is reviewing the bill. The governor will always do everything in his power to keep people safe."

Stein, a former attorney general, has said he supports some pretrial reforms following the fatal Aug. 22 attack.

The suspect in the deadly attack, Decarlos Brown, 34, is a repeat violent offender with past mental health issues, and Republicans said this bill seeks to toughen penalties and strengthen protections for victims, their families, and communities.

Brown had been arrested more than a dozen times and was released earlier this year by a magistrate on a misdemeanor count without any bond. Brown is charged with first-degree murder in state court and a federal count in connection with Zarutska's death. Both crimes can be punishable by the death penalty.

Brown "should have never been allowed out of the jail. The catch-and-release practices for violent offenders will end today with your support," Charlotte-area Republican state Rep. Tricia Cotham told colleagues during two hours of House debate. "This heinous act was preventable."

Public outrage over Zarutska's death intensified with the release of security video showing the attack on the commuter train, leading President Donald Trump and GOP allies to blast Charlotte and statewide elected Democrats for promoting soft-on-crime policies.

"For too long, activist judges and magistrates have turned dangerous criminals loose, endangering lives and spreading chaos in our communities. That ends now," House Speaker Destin Hall. R-Caldwell, said. "Iryna Zarutska's murder is a tragic reminder of what's at stake. That's why we are delivering some of the strongest tough-on-crime reforms in North Carolina history."

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Several House Democrats took issue with the soft-on-crime label, pointing out that Republicans have controlled the General Assembly for more than a decade. They said the bill falls well short in providing mental health services that advocates say could stop crimes before they occur, as well as funds to hire additional police officers and crisis responders, and to house defendants being held for behavioral problems.

"Tough on crime doesn't only mean let's pay attention to punishment after the fact," said Democratic Rep. Marcia Morey of Durham, a former judge. "We grieve the murder. It was senseless, it was horrible. But what you are voting on today does nothing to take it back or would have prevented it. Let's get smart on crime."

Democratic lawmaker Zack Hawkins represents part of Durham County and sat down with ABC11 to discuss Iryna's Law.

"There could have been more ways about bipartisanship on real solutions vs. finding tic-tac opportunities to score political points in a bill that had no money appropriated to solve the problem," Hawkins said.

While House Republicans claimed Democrats were being soft on crime, Hawkins said the bill failed to support solutions that get at the root causes of the stabbing, like mental health support and better pay for law enforcement.

"We made people have the perception of safety, but not real safety. And so that's really what it boils down to," he said.

Some of the key provisions of Iryna's Law include:

• Ending cashless bail: Certain defendants will no longer be released on a mere written promise to appear in court.

• Stricter rules for violent offenders: Creates a new "violent offense" category requiring secured bond or house arrest with GPS monitoring for first-time offenders under pretrial release, and mandatory house arrest with monitoring for second-time offenders. For defendants with three or more convictions in the past 10 years -- violent or not -- judges must impose a secured bond or electronic monitoring.

• Restricting judicial loopholes: Reduces magistrates' and judges' discretion that has allowed violent and repeat offenders to walk free before trial.

• Mandatory mental health evaluations: Judicial officials must order an evaluation if a defendant is charged with a violent offense and has been involuntarily committed within the past three years, or if credible evidence shows a current mental health crisis. If medical professionals determine the defendant poses a danger, involuntary commitment proceedings must begin before pretrial release conditions are set.

• Death penalty reforms: Restoring enforcement by requiring appeals to be heard within two years, resolving older appeals within one year, holding hearings in the county of conviction, and adding an aggravating factor for capital felonies committed against victims using public transportation.

"No family should have to endure what Iryna's family has suffered. People across Mecklenburg County and North Carolina should never have to fear for their safety in their own neighborhoods. Iryna's Law prevents violent offenders from walking free and ensures that those who threaten our community face real consequences before they can harm another soul," Cotham said.

Rep. Brian Echevarria, R-Cabarrus, said the bill was about "restoring common sense."

"The nation watched Iryna's life be murderously taken. We shouldn't have needed that tragedy to enact common-sense legislation that helps keep violent people off the streets," he said.

The death penalty amendment, added on Monday to intense debate, has some criminal justice advocates concerned.

"We don't need to be speeding up the process of killing people. We need to be slowing that down to ensure that we're getting it right," said Dawn Blagrove, Executive Director of Emancipate NC.

Blagrove said she believes the criminal justice system is working in North Carolina without needing to fast-track the death penalty.

"What we know is that there has not been an execution in North Carolina in 20 years. And what we have not seen is a violent criminal run amok because they have no fear of the death penalty," Blagrove said.

The Associated Press contributed.