Alabama

A bill, sponsored by Senator Hinton Mitchem, D-Albertville, was introduced that would change the method of execution to lethal injection. It will receive hearings.

A similar bill, introduced by Bill Fuller, D-LaFayette, is in the House Judiciary Committee.

Senator Hank Sanders introduced SB7 that would order a 3-year moratorium on the death penalty. Members of the Senate and House Judiciary committees held hearings.

The Alabama Supreme Court is likely to vote to end the 2-tiered review of death penalty cases that would shorten the appeals process. Governor Don Siegelman and Attorney General Bill Pryor spearhead the effort.

Arizona

MR bill?

The House unanimously approved HB2150—a bill that allows DNA testing of any existing evidence at the inmate’s request. The Senate Judiciary Committee also unanimously approved this measure. A full Senate vote is expected.

The House Appropriations Committee passed a companion bill that would require DNA testing in certain crimes.

Colorado

Senate President Ray Powers, R-Colorado Springs, is pushing for SB-70 which changes who decides whether to give the sentence of death from the current three judge panel process to the presiding judge in murder cases. This measure died in the Senate.

A similar bill, HB 1299 sponsored by Rep. McPherson, was approved in the House and goes to the Senate State Affairs Committee.

Senator Dottie Wham, R-Denver, introduced SB-28 that would allow a 12-member jury to decide whether to impose the death penalty. The Senate Judiciary committee voted 5-3 in support of this measure; it was sent to the full floor for debate.

Florida

The Florida legislature met in a special session January 5-7, 2000 to address two issues.

They passed legislation that changes Florida’s primary means of execution to lethal injection.

They also passed the Death Penalty Reform Act of 2000 that reduces the time between sentencing and execution to five years. This bill imposes the dual track system used in Texas where inmates are required to file both their post-conviction or habeas corpus appeals within six months of the day they file their direct appeal. One exception is cases in which the inmate claims innocence rather than appealing on a technicality. Interestingly, this does not apply for inmates who can afford their own attorney.

The FL Supreme Court has stayed the implementation of the reform act until in considers whether it is unconstitutional which has led one legislator to consider to try to amend the Florida constitution to allow it.

Georgia

In light of the action taken by Gov. Ryan of IL, religious and civic leaders gathered at the Capitol asking state leaders to declare a moratorium on executions in order to protect the innocent.

The House voted 162-10 to change the method of execution from the electric chair to lethal injection. This vote came after debate that focused on abolishing the death penalty where they voted 158-15 to reject the measure.

Idaho

Governor Dirk Kempthorne’s bill that would assure that anyone accused of killing a cop be subject to the death penalty passed in the Senate.

llinois

Last year, House Resolution 60 passed in the Illinois House of Representatives, 67-47, which calls for a six month moratorium and set up an independent, non-partisan Task Force to study the application of the death penalty in Illinois.

Currently, an 18-month moratorium bill with a commission to study the issue, HB 2930, is before the House Judiciary Committee. Hearings have been postponed.

A bill, introduced by Rep. Calvin Giles, D-Chicago, to ban the execution of mentally retarded persons has passed overwhelmingly in the House. However, this bill does not define mental retardation with an IQ level; instead, it requires an inmate to prove that they were mentally retarded before the age of 18. It calls for the judge to hold a hearing when the State, the defense or the court questions the defendant’s mental retardation. It now goes to the Senate.

Senator John Cullerton has introduced a similar bill in the Senate, SB 1488.

Governor Ryan implemented a halt on executions on Jan. 31, 2000. He has appointed a 14-member study commission, including former US Sen. Paul Simon, Scott Turow, former US District Judge Frank H. McGarr, former US Attorney Thomas Sullivan.

Indiana

The Governor commissioned the Criminal Law Study Commission to look at the death penalty. Issues to be addressed are innocence, adequate counsel, state and federal review procedures, cost, race, and recommendations for changes.

Kentucky

State Representative Bob Heleringer, R-Louisville, is the primary sponsor of an abolition bill introduced in the House.

A bill, SB 325, would impose a five year moratorium on executions and require the Criminal Justice Council to make recommendations about the imposition of the death penalty by July 1, 2001.

Maryland

Delegate Salima Siler Marriot, D-Baltimore City, introduced a moratorium bill in the House of Delegates that would place a 3-year moratorium on executions while the University of Maryland, College Park completes a study on race and the death penalty appropriated by Governor Paris Glendening.

Massachusetts

Reinstatement of the death penalty is still an issue for many Republicans in the Senate. House Speaker Thomas Finneran says the issue will not make the agenda during this legislative session.

Mississippi

Lawmakers are deciding whether to fund a statewide public defender system for all indigents accused of felonies or to fund a more limited team that would represent indigents facing the death penalty. The Senate approved a measure, SB 537, to establish a three-attorney office to handle some of the appeals filed by death row inmates; it is expected to pass the House as well.

The House Judiciary Committee approved a bill that calls for teams of lawyers to handle death penalty cases throughout the post-conviction appeals through the state and federal courts. It is in the Appropriations Committee.

Missouri

The following bills have been introduced:

SB 838: Senator Mary Bland, D-Kansas City, introduced a two-year moratorium bill while a commission studies the death penalty system to get a true picture of the sentencing process.

HB 1887: A House bill calling for a moratorium similar to SB 838 in the Senate.

HB 1226: Excludes persons with mental retardation from execution. (A similar bill is expected in the Senate.) This bill has prosecutor’s and defense attorney’s support.

HB 1225: Representative Mike Schilling, D-Springfield, introduced a repeal bill, replacing the death penalty with life without parole for first degree murder.

A study released by the Missouri Catholic Conference and Southwest Missouri State University raises questions about the depth of death penalty support. The death penalty has majority support when it is the only option, but more than half says they would support a 3-year moratorium on executions.

Nebraska

Last year, the unicameral legislation passed a two-year moratorium bill and a study of the death penalty, the Governor vetoed the measure, but the Senate overrode the study bill and ignored the moratorium bill. The legislature allocated $160,000 for the study to be completed 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 light of the Supreme Court’s expected ruling on the cruel and unusual nature of the electric chair, Governor Mike Johanns wants to switch to lethal injection. Last year, LB52, a lethal injection bill introduced by Kermit Brashear was advanced by the Judiciary Committee but received no further attention.

Senator Ernie Chambers has introduced a repeal bill again this year, LB1118.

New Hampshire

A repeal bill, HB 1548 sponsored by Rep. James Splaine, passed out of the Criminal Justice and Public Safety committee by a vote of 8-8. It passed the House and moves on to the Senate.

New Jersey

Governor Whitman signed a bill that allows the families of both the murder victim and the accused to witness the execution. A second bill was signed that allows the victim’s family to display a photograph of the deceased when speaking to the jury during the penalty phase of the trial.

Assemblyman Alfred Steele introduced a bill, A-1853, which calls for a two-year moratorium while looking at issues of deterrence, inequities, and cost in the imposition of the death penalty. The Chair of the Assembly Judiciary Committee has agreed to allow hearings. Activists are calling for a legislative commission to study the issue of the death penalty and acceptable alternatives.

A similar bill is expected in the Senate.

North Carolina

A legislative study panel of 11 legislators and legal experts has been created to look at whether to ban executions of the mentally retarded and to investigate whether to those condemned could question their sentence based on racial discrimination.

Oklahoma

Rep. John Sellers, R-Enid, introduced HB 2347, a two-year moratorium bill, was changed to create a study how the death penalty is imposed, especially considering class and race. A moratorium would be in effect until the study is complete. The bill died in committee.

Opio Toure sponsored a bill calling for a ban on the execution of the mentally retarded that died in committee.

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.

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

Senator Edward Helfrick (R-Northumberland) introduced SB 952 calling for a 2-year moratorium and a study on the state’s application of the death penalty. After intense lobbying and public pressure organized by Pennsylvania Abolitionists United against the Death Penalty, Senator Stewart Greenleaf (R-Montgomery and chair of the Judiciary Committee) agreed to permit hearings on the bill this spring.

The Philadelphia city council passed a resolution calling for a moratorium on executions on Feb. 10 by a vote of 12-4.

Virginia

In light of Governor Ryan’s (IL) announcement calling for a moratorium on executions, Delegate Dwight Clinton Jones proposed House Joint Resolution 307. It asked the Joint Legislative Audit and Review Commission to study the death penalty appeals and procedures process and submit the findings by the 2001 General Assembly. This bill died in the House Committee on Rules.

A bill introduced by Delegate James F. Almand, D-Arlington, to change the limit for introducing new evidence of their innocence from 21 days to three years passed the House of Delegates. It moved to the Senate Courts of Justice Committee where Senator Kenneth Stolle, R-Virginia Beach, pared down the three years to 45 days. The committee passed this version of the bill. It moves to the Senate floor.

Plans are being made for the introduction of a moratorium bill in the General Assembly next year.

Washington

Senator Mike Heavey, D-Seattle and chair of the Judiciary Committee, originally sponsored a 2-year moratorium bill, SB 6137. He has since withdrawn his support for it, but Senator Adam Kline, D-Seattle and vice-chair of the committee, still supports it. This bill includes a study of the influence of race, ethnicity, gender or economic status on the use of the death penalty. Hearings in the Senate Judiciary Committee proved unsuccessful although there was interest in the study portion of the bill, which may make it out of committee. The study bill needs to get out of fiscal committee this week. Hearings in the House are unlikely. The Washington Coalition to Abolish the Death Penalty, Washington State Catholic Conference and the Washington Association of Churches are all involved in organizing for passage of this legislation.

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