VADP

Redefinition of the "Triggerman Rule":

VADP opposes SB 7 and HB 502.  The current statute provides that all individuals that take a direct part in inflicting fatal injuries can be prosecuted for capital murder and are eligible for the death penalty.  This bill would allow principals in the second degree and accessories before the fact to be charged with capital murder and eligible for the death penalty.  This is an exceedingly broad expansion which would lead to less clarity within the capital murder statute and issues in application.  The already capricious application of the death penalty regarding both race and geography would be enhanced and the number of individuals eligible for the death penalty would substantially increase.  It would also significantly increase the financial burden on the Commonwealth.

VADP opposes HB 166 which would add auxiliary law-enforcement officers, EMS personnel, and fire marshals and assistant fire marshals with law-enforcement powers to the capital murder statute so that the death sentence can be imposed for their murder. This legislation would address few, if any, situations not already covered within the current statute and could lead to less clarity within the statute and more arbitrary application of the death penalty.

VADP opposes SB 54 which would add the following personnel to the capital murder statute so that a death sentence can be imposed for the murder of such a person in the performance of the person's official duties: fire marshals and assistant fire marshals with law-enforcement powers, firefighters, special forest wardens, emergency medical technicians, lifesaving and rescue squad members, arson investigators, volunteer firefighters and lifesaving or rescue squad members if the governing body has adopted a resolution acknowledging the volunteers as employees for the purposes of workers' compensation, and persons certified as emergency medical service providers.