In Part I, this Comment will examine the historical context of Senate Bill 43. Part II will review the evolution of due process rights of mentally ill people who undergo involuntary civil commitment proceedings. Part III will demonstrate that the new requirements of Senate Bill 43 for automatic commitment and burden of proof do not violate insanity acquittees' due process rights. Part IV will show that the new "dangerousness test" of Senate Bill 43 endangers due process rights of insanity acquittees. Part V will discuss the constitutionality of retrospective application of these different procedures to patients whose commitments predate the defining legislation.
Bruce Vrana, Senate Bill 43: A Refinement of North Carolina's Involuntary Civil Commitment Procedures, 14 Campbell L. Rev. 105 (1991).