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Legislation Progress
(By State)
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Alaska
Proponents of the death penalty have introduced two ballot advisory bills this year. The first, HB 20, asks for a ballot advisory vote on capital punishment and includes a fiscal note. The second, HB 48, does not include a fiscal note. The bills have been assigned to committees.
Alabama
Project Hope to Abolish the Death Penalty wants an Alabama lawmaker to sponsor a measure that would order a 3-year moratorium on the death penalty. HB 53 passed and effective June 10, 1999, the rates paid to court-appointed counsel at the trial and appellate levels are raised. It also raised the caps on the total amount an attorney can bill, and removed caps on capital defense. A second increase will go into effect on October 1, 2000.
Arizona
A bill to prohibit the use of the death penalty for the mentally retarded (IQ less than 65) was introduced in the Senate by Sen. Ruth Solomon, D-Tuscon, and in the House by Rep. Andy Nichols. Similar bills have been passed in other years, but the difference this session was that developmental disabilities advocates were involved in lobbying efforts. It passed the Senate Judiciary Committee 5-4, with an amendment to the IQ level to 70 or below and the Rules Committee. The full Senate never voted it on. It got tacked on another bill, but eventually was taken off of that one as well. There was discussion in the House, but it was defeated there too.
California
A bill that would have added murdering a child under 14 years to the list of special circumstances punishable by death failed in the Public Safety committee of the California Assembly. California voters will be looking at two ballot propositions next March that propose expansions of their death penalty. Both would mean adding to the list of "special circumstances" that the prosecution must use to convince the jury to impose the death penalty.
The Assembly Public Safety has sent no death penalty expansion bills out, reportedly due to the Democratic leadership deciding to hold the line.
Connecticut
State Legislator Richard Tulisano (D-29th district) introduced a moratorium bill in the House of Representatives that died in the Judicial Committee. He will continue to work on it over the summer.
Florida
Legislators are considering replacing the state’s current post-conviction representation with a privatized model, according to Larry Spaulding, Legislative Director of FL-CLU. Presently, the government provides post-conviction legal representation through the Capital Collateral Regional offices. While the House Criminal Justice & Corrections Council believes the change will bring about many positives changes, many attorneys have refused to participate because of the low fees. Some speculate that while the program may recruit some excellent criminal lawyers, others will not be nearly so well qualified.
Georgia
Senators approved a bill that would automatically allow the sentence of death if the victim were under 10 years old. The bill goes back to the House because changes were made to it in the Senate.
Illinois
House Resolution 60 passed in the Illinois House of Representatives, 67-47, which calls for a six month moratorium and sets up an independent, non-partisan Task Force to study the application of the death penalty in Illinois. The task force will hold public hearings and report its findings and recommendations within six months. The moratorium was not honored by Governor Ryan. Rep. Coy Pugh, D-Chicago, who introduced this legislation, is working with organizers of the anti-death penalty movement.
The IL Conference of Churches, one of the groups that worked for the resolution, held a well-attended press conference, featuring members of the Illinois Legislative Black Caucus (who lobbied heavily for the passage of this legislation).
Both houses passed HB 574 and awaits the Governor’s signature. It establishes a capital litigation trust fund from state funds to assist counties in the prosecution and defense of capital cases.
Indiana
Legislative bill (SB298), which would have repealed the state’s death penalty, lost 7-4 in a Senate committee. Supporters at the Feb. 17th hearing included Indianapolis Archbishop Daniel Burchlein, the chair of the Indiana Catholic Conference and former Indiana Supreme Court Chief Justice Richard Givan. Burchlein told the committee, "…the death penalty seems to be more about revenge than justice."
Two other pending bills would raise the minimum age of a defendant eligible for the death penalty from 16 to 18 years and revoke the right of a judge to impose death sentences when a jury recommends life in prison.
Iowa
A bill to reinstate the death penalty was introduced on the first day of this year’s legislative session. However, Governor Tom Vilsack stated during his campaign that he was sure to veto any capital punishment bill.
Kansas
The following bills were during the ’99 session:
SB 165—dealt with the discovery process in capital cases. Remained in committee at session end after
a hearing
SB 166—dealt with victim impact testimony in capital cases. Remained in committee at session end
after a hearing
SB 297—repeal bill. Remained in committee at session end and received no hearing
SB 343/HB 2093—dealt with the execution process and protocol. These 2 bills grew out of an interim
summer committee. They provide for a) weeklong execution warrant, b) who will certify what
drugs can be used in an execution, c) confidentiality of executioners and witnesses, (the
witnesses may self identify but they cannot reveal other’s identity) and d) an increase in the
number of witnesses allowed at an execution to allow for family members of the victim to attend.
SB 343 was heard by the Senate and passed in April. It was sent to the House, but they didn’t
hear it or act on it. It ended up being rolled into the Judiciary Conference Committee at session’s end and has become law.
The maximum sentence for persons convicted of capital murder was changed from Hard 40 to Hard 50 years.
Kentucky
Legislators and community activists are currently working on legislation for the next session of the Assembly that would make the 1988 racial justice act retroactive. Also in the works is an abolitionist bill.
Louisiana
Lawmakers rejected a bill to televise executions. One lawmaker, Troy Hebert, wanted to go back to the idea of courthouse step hangings, showing people the consequences of their actions.
Governor Foster is expected to sign HB 2035 which would provide court-appointed counsel in direct appeals and post-conviction relief cases in which a death sentence was imposed on a defendant who was represented at trial by appointed counsel.
A moratorium or abolition bill may have also been introduced.
Maine
In response to the heinous murder of a 10-year-old, debate on reinstating the death penalty was heard this session. Rep. Debra Plowman (R-Hampden) sponsored bill LD2214 that allowed the death penalty for 5 crimes. Gov. Angus S. King opposes capital punishment. The House of Representatives and the Senate rejected, by an overwhelming vote, the bill.
Massachusetts
On Feb. 16, Gov. Paul Cellucci, a Catholic, asked the legislature to pass a bill reinstating capital punishment for 16 categories of first-degree murder. On March 29, 1999, the House of Representatives voted down the bill by a margin of 80-73. The Governor blames the loss on rushing the vote before the special elections that were scheduled to fill the empty seats in the legislature. Some of the candidates of the open seats are pro-death penalty.
Michigan
An effort to reinstate the death penalty failed. Passage of the bill would have required a 2/3 vote of both houses. The effort lost with 28 in favor and 72 against. Governor John Engler does not support the death penalty.
Missouri
House members Mike Schilling and Vicky Riback-Wilson introduced a bill, HB424, which would repeal the death penalty. It was to be heard by the House Criminal Law committee on 2/24. Another bill, sponsored by Schilling, would prevent state officials from seeking the death penalty for mentally retarded persons. SB39, sponsored by Sen. Bill Clay, would prevent a judge from imposing a death sentence if the jury is deadlocked. An hour was spent debating the moratorium, but no activity happened this year.
Missourians Working for Life won approval to launch an effort to place the death penalty on the ballot in Nov. 2000, hoping voters will eliminate capital punishment.
Montana
The following death penalty legislative was during the ’99 session:
HB53—Passed. It specifies that a coroner or deputy shall pronounce the death at an execution. There
is an amendment that there shall be, at an execution, three witnesses allowed by the victim, the
executed, the media and the corrections department
HB278—An abolition bill sponsored by Hurdle was held in the House Judiciary committee.
HB279—A bill to eliminate the death penalty as a sentence for a second rape conviction was
sponsored by Hurdle. It was held in the House Judiciary committee
HB374—Passed. The Youth Court Act which eliminates the death penalty for those under 18 at the
time of the crime as well as allowing a District Court judge to allow a hearing in Youth Court
was sponsored by Hurdle.
SB503—A bill that requires a jury as well as a judge to sentence someone to death was sponsored by
Ellingson. It passed the Senate and failed on House floor.
SB363—A bill placing a moratorium on the death penalty was sponsored by Eck. It got held in the
Senate Judiciary committee.
SJR19—A study resolution on the death penalty was sponsored by Eck. It passed the Senate Judiciary
committee but failed on the Senate floor 24-25.
Nebraska
The unicameral legislation passed a two-year moratorium bill and a study of the death penalty. The Governor vetoed the measure. The Senate overrode the study bill, but ignored the moratorium bill. This moratorium bill came out of LB76, introduced by Sen. Ernie Chambers, on the floor of the Nebraska legislature, which would repeal the state’s death penalty and replace it with life without parole and restitution. Sen. Kermit Brasher (Republican chair of the Judicial committee and advocate of the death penalty) offered an amendment to that bill that would call for a moratorium on executions while the legislature studies whether the death penalty is applied fairly.
The legislature allocated $160,000 for the study to be completed by Jan. 1, 2000 by an appointed Crime Commission. The study is to consider each case using factors such as: aggravating and mitigating circumstances, the race, gender, religious preference and economic circumstances of the defendant and the victim, charges filed, results of judicial proceedings and sentence imposed.
In a separate action, the Judiciary committee voted 7-1 to advance Legislative Bill 52 that would replace the chair with lethal injection. It has the support of the Nebraska Department of Correctional Services but is expected to die because it came out so late in the session.
Another proposed law, LB391, would allow defendants to offer evidence of racial injustice and provide for re-sentencing if such evidence was found to be valid. It is similar to Kentucky’s Racial Justice Act.
Legislative Bill 509, introduced by Sen. Ernie Chambers, would abolish the felony murder law. "Felony murder involves a killing that happens in the commission of another felony – such as sexual assault, arson, robbery, kidnapping, burglary or hijacking – even if the criminal did not plan to kill the victim." The Judiciary committee advanced this bill 6-1 for consideration by full legislature.
New Jersey
The Assembly approved several bills meant to expedite the execution process and one that would allow the victims’ relatives to watch the execution. New Jersey has 16 death row inmates but has not executed anyone since 1982, when capital punishment was reinstated.
Assemblyman Wilfredo Caraballo (D-Essex) and Assemblyman Alfred E. Steele (D-Passaic) introduced a bill that would repeal the state’s death penalty and replace it with life without parole for first-degree murderers. Most likely, this bill will not receive attention , but these two individuals wanted it to be known that not all legislators support the death penalty.
Plans are being made for the introduction of a moratorium bill.
A bill to eliminate proportionality review has been introduced in the Assembly, but action on it was postponed until the court took action.
New Mexico
The State Senate voted 22-10 against repealing the death penalty (SB 571).
House bill 305, which would replace the death penalty with life imprisonment, was approved by the Judiciary committee 6-5 on Feb. 24, but was tabled 8-7 in the House Appropriations and Finance committee on March 1.
The Judiciary committee also tabled 8-3 a proposal to limit death penalty appeals to 2 years, introduced by Gov. Gary Johnson (R). A bill similar to HB305 was introduced in the Senate (s.571), but its status is unknown.
North Carolina
A moratorium bill and a racial justice act were introduced this session.
Rep. Rick Eddins, D-Wake, introduced legislation in the House asking the state Supreme Court to consider and adopt rules to expedite death penalty appeals. It was adopted in the House 97-19. It is being sent to the Senate.
The General Assembly has passed legislation that would prohibit death row inmates from contacting the families of the victims (without the families’ written consent in advance), and Gov. Hunt is likely to sign the bill.
Oklahoma
The Oklahoma chapter of Amnesty International, the Oklahoma Coalition to Abolish the Death Penalty and others are circulating a petition calling for a moratorium on executions. The ACLU has said that they are asking for an independent study. Rep. John Sellers, R-Enid, said he is "seriously considering" introducing a moratorium bill.
Oregon
Former U.S. Senator Mark O. Hatfield (and Oregon’s governor from 1959-1967) introduced an initiative petition asking voters to overturn Oregon's death penalty (the Life for Life Act). It would replace death with life without parole and restitution. The prisoner would also work to pay for the costs of her/his incarceration.
Pennsylvania
Sen. Edward W. Helfrick (R-Columbia) routinely introduces abolition bills that get no attention. He introduced SB-952 calling for a 2-year moratorium and a study on whether defendants receive adequate legal counsel and whether race is an issue in sentencing. The bill is in the Senate Judiciary Committee where chair Sen. Stewart Greenleaf (R-Montgomery) has typically ignored such legislation.
Governor Ridge is speeding up the execution process. Death warrants now are automatically issued within 30 days of the lifting of any stay of execution.
South Dakota
A House committee passed a bill (HB1284) that would outlaw the death penalty. It failed on the House floor by a vote of 47-23.
Current Gov. Bill Janklow was first elected in 1979 and the first bill he signed into law was one restoring the death penalty. Governor Janklow has vetoed a bill that would prohibit the execution of juveniles and the mentally retarded. He has stated that he agrees with the principle but not the wording of the bill.
Texas
*All legislative actions are effective after September 1, 1999 for this session.
The Senate voted 23-7 to approve a bill, SB 326, which would ban using the death penalty against the mentally retarded (IQ 65 or lower and/or school records). The House Calendar Committee did not put this bill on the calendar, thereby guaranteeing its death. It is rumored that heavy pressure from the Governor influenced this action.
Rep. Tommy Williams, R-The Woodlands, introduced a bill that would seal search-warrant affidavits (which have information about the reason for the search) for up to three months. Supporters (prosecutors especially) say that public disclosure undermines criminal investigations by tipping off suspects. Opponents say that it would make it harder for the public to hold enforcement officials accountable for misconduct. Under this bill, actual search warrants would remain open. District attorneys would have to get the affidavits closed from a district or appellate judge, and the seal would expire after 30 days. Extensions could be sought.
A bill passed that would allow the jury in capital cases to be informed about the meaning of a life sentence in Texas, which is at least 40 years.
Gov. George Bush vetoed a bill, which was unanimously passed by the legislature. It would have required an attorney be appointed within 20 days after the request (most states do so within 72 hours) and would have changed the system of defense counsel appointment, which is currently controlled by the local judge in each case.
The Court of Criminal Appeals, for the past four years, appoints counsel in the state habeas phase of the appeals process. A bill was passed that would move this appointment responsibility to the trial court, who will appoint the direct appeals lawyer and the state post conviction lawyer.
Virginia
The House Justice Committee approved a bill to repeal the 21-day rule, which states that a person sentenced to death has only 21 days after sentencing to introduce new evidence of innocence. It lost in the House, 54-46, on Feb. 9. Virginia is the only state that does not waive time limits on presenting new evidence in capital cases.
Washington
The Governor signed HB 1599 that shifts the burden of paying for criminal cases from poor counties to the state (but not specifically for defense). HB 2039, a bill that would establish an appellate unit to represent post-conviction appeals of death row inmates, died in the House Judiciary committee.
Plans are being made for the introduction of several bills the 2000 session. Being considered are an abolition, moratorium, and a bill to prohibit executing the mentally ill.
Wisconsin
Bills to bring back the death penalty were introduced in the Senate and General Assembly this session, but are unlikely to receive debate. Governor Thompson is on the fence on the issue and says that he will sign any bill the legislature passes, but has not endorsed them.