When did Iryna's Law take effect?

Most provisions of Iryna's Law (Session Law 2025-93, House Bill 307) took effect on December 1, 2025. However, the involuntary commitment provisions under G.S. 15A-533(b1) have been delayed to December 1, 2026 by S.L. 2025-97. The funding provisions for Mecklenburg County prosecutors were made retroactive to July 1, 2025, and judicial access to IVC records became effective October 3, 2025.

Can defendants still be released on written promises to appear?

No. Iryna's Law eliminates written promises to appear as a permissible type of pretrial release under G.S. 15A-534(a). The only remaining options are: unsecured bonds, custody releases, secured bonds, and electronic house arrest. For defendants charged with violent offenses, only secured bond or house arrest with secured bond are permitted.

What happens if a magistrate fails to make written findings?

Under amended G.S. 7A-173, failure to make required written findings of fact when releasing defendants charged with violent offenses or with significant criminal history constitutes grounds for suspension or removal. However, if this is the magistrate's first such failure and there are no prior charges or suspensions for the same issue, removal is not mandatory.

Does Iryna's Law reinstate the death penalty in North Carolina?

The death penalty remained on the books in North Carolina; a de facto moratorium existed since 2006. Iryna's Law establishes lethal injection as the default method and requires alternative methods used elsewhere in the U.S. if lethal injection becomes unavailable. The law also sets 24-month deadlines for pending capital case motions and adds public transportation crimes as an aggravating factor.

How does the law address defendants with mental health issues?

Beginning December 1, 2026, judicial officials must initiate involuntary commitment proceedings for defendants who: (1) are charged with a violent offense and have been involuntarily committed within the prior three years, or (2) are charged with any offense and the judicial official has reasonable grounds to believe they are a danger to themselves or others. Judicial officials gained access to IVC records on October 3, 2025.

Who sponsored Iryna's Law?

The primary sponsor was Rep. Sarah Stevens (R-Surry), Chair of the House Judiciary 2 Committee. Key legislative champions included House Speaker Destin Hall (R-Caldwell), Rep. Tricia Cotham (R-Mecklenburg), Rep. Brian Echevarria (R-Cabarrus), and Rep. David Willis (R-Union). Senate leader Phil Berger (R-Rockingham) introduced the death penalty provisions during floor debate.

Where can I find the full text of Iryna's Law?

The full text is available on the North Carolina General Assembly website (ncleg.gov) as Session Law 2025-93 (House Bill 307). The UNC School of Government's NC Criminal Law Blog provides excellent legal analysis of the pretrial release provisions.

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