Whether it’s a hot campaign or steady steps forward, legislatures around the country are talking about the death penalty!
State legislatures are making efforts to legislatively exempt individuals with severe mental illness from the death penalty. More states have and will address this issue, but two are highlighted in Ohio and Virginia. Both states also have concerns about lethal drugs.
Ohio: Pending in the Ohio State Senate Criminal Justice Committee is Ohio SB162. The bill was introduced in May 2015 and a Senate committee hearing was held February 10. The legislation is supported by many individuals, groups and organizations including Ohio Catholic Bishops and the Ohio Alliance for the Mental Illness Exemption.
Virginia: House Bill 794 was introduced this session in the Virginia General Assembly – legislation that prohibits the execution of people with serious mental illness. Virginians for Alternatives to the Death Penalty (VADP) is supporting the legislation in collaboration with several groups including the Virginia Catholic Conference and the National Alliance on Mental Illness of Virginia. VADP is also supporting legislation making it impossible for the Department of Corrections to get lethal drugs (SB 739).
In other news in Virginia, lawmakers passed legislation that would mandate the electric chair for executions. This legislation has been sent to Gov. Terry McAuliffe who is being urged to veto the bill.
Plains States are Talking Repeal
UTAH: On February 23, the Utah State Senate Law Enforcement and Criminal Justice Committee passed SB 189, a bill to repeal the death penalty. Led by Republicans, the vote was 5-2 (3 Republicans and 2 Democrats). Just one year ago, Utah reauthorized the use of firing squads. Although the legislation passed the House Judiciary Committee on March 8, the bill was pulled from consideration on March 10, the last day of the session." But amazing progress has begun!
The minds are changing in Utah!
Missouri: Repeal and racial concerns are both topics in the state legislature. Last month, the Missouri Senate debated repeal legislation – the first time since 1974. No vote was taken but was made in the “Show Me” state. Days later, an NAACP news conference announced Equal Justice Act legislation (SB 758) that would require the Missouri State Supreme Court to identify racial concerns in death cases during its review.
South Dakota: Already this year, bi-partisan legislation has been introduced. A primary leader and sponsor of the Senate repeal bill, Sen. Art Rusch, is a retired circuit judge who presided over a death penalty case and now serves as a state senator. A House sponsor, Rep. Timothy Johns, is also a former circuit judge.
Kansas: Repeal legislation has now been introduced in both the State House and Senate. The campaign was energized in late February in Wichita when Equal Justice Initiative Executive Director Bryan Stevenson spoke to a large crowd which included long-time and new repeal supporters and policymakers.
Finally, in New England ...
New Hampshire: In late January, overwhelming support was shown in front of the Senate Judiciary Committee on the proposed death penalty suspension bill, SB 463. The bill suspends the implementation of the death penalty until it can be ensured that it is not being imposed on innocent people.
More than 20 people testified in favor of the bill, and only two against. Supporters included a death row exoneree, clergy, law enforcement, a former FBI Special Agent, a former New Hampshire Attorney General, a former New Hampshire Supreme Court Justice, several attorneys, and several murder victim family members.
The testimony of lawyer and professor Sam Millsap stated: “When I was elected District Attorney in San Antonio, Texas, I oversaw the indictment, prosecution, and conviction of Ruben Cantu. I asked the jury to sentence him to die based on the eyewitness testimony of a single person and they did. Years after his execution, that key eyewitness recanted his testimony. There is no appeal after an execution takes place. Ruben Cantu is dead, and I have to live with that every day.” As state legislatures prepare for the 2016 sessions across the country, each of us can prepare to support legislation that can reform the criminal justice system in some states and end the death penalty in others.