Dec 7 Sen. Daniel Newsletter

Burke DISTRICT 44 Caldwell

Dear Friends,

Last week the General Assembly discussed two important

issues facing North Carolinians. On Monday the Senate approved

reforms to the Racial Justice Act, a law allowing convicted

murderers and child rapists on death row to more easily appeal their

sentences using statistics that allegedly show racial bias. These

reforms will ensure that death row inmates cannot unjustifiably

appeal their sentences and be released back into the community. It

will preserve justice for more than 100 North Carolina families

whose loved ones’ innocent lives were brutally taken. As many

legislators and district attorneys have predicted, the law has been

severely abused. Nearly every death row inmate has filed a Racial

Justice Act appeal, including criminals who are the same race as

their victims and most members of their juries.

The reforms to the Racial Justice Act do not prevent

convicted criminals from appealing their sentence on the grounds of

racial bias – they simply clarify that state courts must use the

standards set by the U.S. Supreme Court, ensuring murderers cannot

manipulate statistics or use arbitrary data to avoid justice. The

previous Racial Justice Act was an ill-conceived law that has turned

out to have very little to do with race or justice. To be candid, it was

designed by liberals as an underhanded way to eliminate the death

penalty in North Carolina. I support the reforms to the act, and hope

that the Governor will sign it into law.

One of the problems that has been identified with the Racial

Justice Act is that successful appeals are supposed to reduce the

defendant’s sentence from death to life in prison without parole. But

according to the General Assembly’s nonpartisan legal staff, a

person who committed first degree murder before Oct. 1, 1994 –

before the life without parole sentence was provided for by NC law –

could be eligible for release after 20 years in prison based on the

Supreme Court’s decision in State v. Connor.

Continued on Page 2

CONTACT INFORMATION: Senator Warren T. Daniel Legislative Office Bldg., Room 411 300 N. Salisbury St. Raleigh, NC 27603-5925 Email: warren.daniel@ncleg.net Phone: 919-715-7823 Fax: 919-754-3265 District Office of Sen. Warren Daniel 348 Harper Avenue NW Lenoir, NC 28645 Email: senwarrendaniel@bellsouth.net Phone: 828-754-9335 Fax 828-754-9335 (Please call before faxing)

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(For pictures, more news, resources)

DECEMBER ISSUE #1

LAWS THAT GO INTO EFFECT THIS MONTH

HB 215 Unborn Victims of Violence Act/Ethan’s Law: An act to create criminal offenses for acts that cause death or injury of an unborn child or are committed against a pregnant woman.

HB 427 Run and You’re Done: An act to provide for the seizure, forfeiture, and sale of motor vehicles used by defendants in felony cases involving speeding to elude arrest.

HB 650 Castle Doctrine: An act to expand the right to own, possess, or carry a firearm in the home, vehicle, and workplace, among others.

HB 49 Laura’s Law: An act to increase the punishment for DWI offenders with three or more aggravating factors, to authorize the court to require continuous alcohol monitoring for certain offenders, and to increase the court costs for DWI offenders.

DECEMBER 07, 2011

Mrs. Lydia Daniel, wife of Senator

Daniel, standing on the bank at the

Sea of Galilee in Israel.

DECEMBER 07, 2011

Burke DISTRICT 44 Caldwell

State v. Connor ruled it unconstitutional to impose a sentence

of life without parole if the crime was committed before passage of

the life without parole statute. Those who committed first degree

murder between Oct. 1, 1994 and Dec. 1, 1998 could also be eligible

for release after 25 years.

The Senate also met this week to discuss the rising gas prices

and North Carolina’s high gas tax. Like many of my colleagues in

the legislature, I believe our current gas tax is too high. But instead

of merely placing a cap on the gas tax for future legislatures to

remove, I believe that we need to restructure the way the tax code

currently funds our transportation needs. The Senate Appropriations

Committee leadership is currently working on a comprehensive plan

to cut the gas tax when we make changes to the budget during the

May 2012 short session. The purpose of the short session is to make

budget adjustments, and the gas tax is a top priority. There is simply

not sufficient time during a two-day session to discuss making

significant changes to the $6.4 billion transportation budget. The

short session will provide enough time to deliberate on this issue and

responsibly restructure the transportation funding process.

Once again, I thank you for your input into the policy-

making process in North Carolina. I appreciate your questions,

comments and concerns. My work in Raleigh would be impossible

without your help. If you would like to hear more about my trip or

see any pictures please contact me or my office staff, as I am glad to

share. I hope you have a great week and be sure to look out for our

final newsletter of the year as we reflect upon and celebrate the

Christmas holiday and the New Year!

Best Regards,

The Senate is looking for Pages for the upcoming Legislative Session in May. The Senate Page Program is an

excellent opportunity for you to participate in the lawmaking process. You can see how bills are introduced,

discussed in committee meetings, and voted on by the Senate and House members before being delivered to the

Governor's desk for his signature. It's an exciting adventure you will remember for the rest of your life. Write or call

the office if you or your child are interested. Check the link below for additional information regarding the program.

http://www.ncga.state.nc.us/senate/pages/howtoapply.html

PAGES NEEDED!!!

Senator Daniel’s Pilgrimage to Israel In November my family and I were privileged to travel to the Holy Land with a tour group from our church that was led by my pastor. Like most of us who are accustomed to the safety and security of the U.S., I was initially apprehensive about the prospects of flying 12 hours across the world to travel in a country that is in a constant state of heightened alert. But after a day of adjusting to the seven-hour time difference, it was apparent that the Israelis are diligent about maintaining security in their country, and that (much like America) there is little risk to travelers who mind their surroundings and travel in safe areas during daylight hours. I can’t begin to convey how deeply moving it is to see sites that Jesus saw and to walk down streets paved with stones on which He walked. From a shepherds’ cave in Bethlehem to the Sea of Galilee, from to the Upper Room in Jerusalem to the Garden of Gethsemane, from the house of Caiaphas, to Golgotha and the empty tomb, it was a wonderful trip that gives much greater meaning to the scriptures and to Bible stories that I have heard from my childhood. There are many tourist destinations about which one would say, “Now that I’ve seen it, I don’t feel a need to return,” (i.e., “been there, done that”) but I knew by the second day of our travels that the Holy Land was a place to which I would someday like to return. It was the journey of a lifetime, and I hope that many of you who are reading this will someday be blessed with the opportunity to go there.

(See Photos on Page 3)

Page 2

The

Church of the Nativity

Mediterranean Sea

at Caesarea Philippi

On the Sea of Galilee

In front of a model of the Old City

at the Israel Museum in Jerusalem The Garden Tomb

(Gordon’s Tomb)