Virginians for Alternatives to the Death Penalty

VADP and the General Assembly

2004 ● 2003 ● 2002 ● 2001 ● 2000 ● 1998 ● 1997

2004 Death Penalty and Criminal Justice Legislation

Bills Signed by Governor Warner:

SB 333: Issuance of writ of actual innocence for Nonbiological evidence (21-Day Rule)
                Patron: Stolle

In March 2004 the Virginia General Assembly passed SB 333: Issuance of writ of actual innocence for Nonbiological evidence, which may finally override Virginia’s 21- Day Rule. That rule put a 21 day time limit on the introduction of new evidence of innocence making it impossible for the wrongfully convicted to prove their innocence before Virginia’s courts.

While, VADP wishes that SB 333 went further we recognize that it is a move in the right direction. (It still limits relief only to those who originally entered a plea of not guilty. It sets the standard of proof as “clear and convincing” rather than “preponderance of the evidence.” And last but certainly not least, the bill will penalize those who suffered from incompetent counsel by insisting that any new evidence be new both to the defendant and the attorney.)

Yesterday Governor Warner announced his decision to strike an amendment added SB 333 in the House of Delegates that would have placed a one time restriction on introducing new evidence of innocence. Gov. Mark Warner’s Office issued the following statement on April 15, 2004, “This bill represents an extraordinary, and long overdue, step forward for the Commonwealth, and I commend the patron and the Crime Commission for their work. As passed by the General Assembly, the bill limits a petitioner to one claim of innocence on any conviction. This provision was not included in the Crime Commission's proposed bill, and I oppose it. It makes no sense to eliminate one arbitrary deadline on justice - a 21 day limit - and impose yet another - a limit of one petition per conviction”.

While this is good news, the Governor’s amendment still needs to be approved by the House of Delegates and the Senate. While the Senate seems likely to support the Governor’s amendment, we need you to contact your representative in the House of Delegates and urge her/him to uphold the Governor’s amendment eliminating the House initiated “one petition per conviction” limitation.

The amendment will face opposition in the House of Delegates! According to this morning’s Washington Post article, “Warner Aims To Lift Limit On Felons’ Appeals,” opposition to the amendment is already underway:

    Del. David B. Albo (R-Fairfax), who helped craft the legislation passed this year, said lawmakers are concerned about the possibility that courts will be flooded with claims of innocence if there is no limit.

    "These guys don't have much to do," Albo said of prisoners. "If you allow them more than one bite at the apple, it's just going to be a series of petitions." Albo, a lawyer, said he thought he and other

    Republicans will "muster the votes" to defeat Warner's proposed amendments.

Click here to view this bill.

Bills Signed By the Governor:

No Amendments
SB 177: Appointed counsel in capital cases
                Patron: Kenneth W. Stolle
This bill requires that at least two lawyers be appointed for the defense in each capital case. VADP supported this bill, and it passed unanimously in both the Senate and the House.     Click here to view this bill.

Bills Killed in Committee:
HB 129: Abolish the Death Penalty
                Patron: Hargrov

This bill called for the abolition of the death penalty in the Commonwealth of Virginia.
VADP supported this bill; unfortunately it was once again killed in committee.
        Click here to view this bill.

SB 47: Moratorium on Executions
            Patron: Marsh
This bill called for a moratorium on executions within the Commonwealth of Virginia.
VADP supported this bill, but it was killed in the Senate Courts of Justice.

Click here to view this bill.

HB 1341: Capital Punishment for Minors
                Patron: Al Eisenberg
This bill changed the minimum age for execution from 16 years of age to 18 years of age.
VADP supported this bill, but it was killed in committee. It managed, however, to attract 25 signers—a major victory for Virginia's campaign to end the Juvenile Death Penalty!

Click here to view this bill.

SB 218: Issuance of writ of actual innocence for Nonbiological evidence (21-Day Rule)
                Patron: Marsh
This bill provided the best possible changes to the existing 21-Day Rule.
VADP supported this bill, but it was passed by in committee.
          Click here to view this bill.

2003 Death Penalty Legislation

House Bills:
Abolition:
VADP supports this bill as we have in past years.
HB 1554 Crimes; death penalty.
Patron - Frank D. Hargrove, Sr. (No match in the Senate) (A sub-committee of the house Courts of Justice has reported this out to the full committee with a recommendation to “lay it on the table.” We hopefully will have an opportunity to address the issues at the full committee hearing.)

21-day Rule:
VADP supports this bill as it will undo the restrictive time limits on the presentation of new evidence presently existing in VA.
HB 1912 Writ of actual innocence based on previously unknown evidence.
Patron - James F. Almand (all patrons) (Identical to SB 705)

VADP supports this bill as it is an improvement to the existing wording of the present statute.
HB 1922 Writs of actual innocence.
Patron - James F. Almand (all patrons) (Clarification bill requested by the Supreme Court)

VADP opposes this bill as it would merely raise the present day 21-day time limit on the introduction of new evidence to a 90-day limit. It is the apprearance of justice rather than actual justice. It is “tinkering” with the 21-day Rule not repeal.
HB 2517 Final judgments in circuit court; when modifiable and appealable.
Patron - Robert F. McDonnell (all patrons) (Identical to SB 1143)
Mental Retardation:

VADP opposes this bill as it is a post-conviction determination of mental retardation by the jury or judge.
HB 1923 Death penalty; mental retardation.
Patron - James F. Almand (all patrons) (Identical to SB 1141)

Expanding the Death Penalty:
VADP opposes this bill as it expands the Capital Punishment statue to include the killing of a conservation officer.
HB 2612 Killing a conservation officer; penalty
Patron - L. Preston Bryant, Jr.   (R) - House District 23 (No match in the Senate) (This bill was recommended on 15Jan03 by the sub-committee to the full House Courts of Justice where we hope to be able to speak against it.)

Moratorium on Executions:
VADP supports this bill. Dels. Darner, Plum, and Jones are its patrons. Also see SB 709.
HB 2657 Death penalty; moratorium on executions.
Patron - L. Karen Darner (all patrons)

Compensation for wrongful imprisonment:
VADP supports this bill as a matter of simple justice. The state of Virginia has an obligation to compensate Mr. Washington for the years of incarceration he was subjected to due to a wrongful conviction. This bill has 22 sponsors.
HB 2662 Claims; Earl Washington, Jr.
Patron - Mary T. Christian (all patrons) (No match in the Senate)

Senate Bills:
21-day Rule:

VADP supports this bill as it will undo the restrictive time limits on the presentation of new evidence presently existing in VA.
SB 705 Writ of actual innocence based on previously unknown evidence.
Patron - Henry L. Marsh III (Identical to HB 1912)

VADP opposes this bill as it would merely raise the present day 21-day time limit on the introduction of new evidence to a 90-day limit. It is the apprearance of justice rather than actual justice. It is “tinkering” with the 21-day Rule not repeal.
SB 1143 Final judgments in circuit court; when modifiable and appealable.
Patron - Kenneth W. Stolle (all patrons) (Identical to HB 2517)

Moratorium:

VADP supports this bill as we have in previous years. Also see HB 2657.
SB 709 Death penalty; moratorium on executions.
Patron - Henry L. Marsh III

Mental Retardation:

VADP opposes this bill for the same reasons we oppose SB 1141. Also, its definition of Mental Retardation is tied to an IQ number.
SB 1239 Death penalty; mental retardation.
Patron - Thomas K. Norment, Jr. (No match in the House of Delegates)

VADP supports this bill as it is the only interpretation of Atkins to be introduced that allows for a pre-trial determination of mental retardation.
SB 1241 Death penalty; mental retardation.
Patron - John S. Edwards (No match in the House of Delegates)

VADP opposes this bill as it is a post-conviction determination of mental retardation by the jury or judge.
SB 1141 Death penalty; mental retardation.
Patron - Kenneth W. Stolle (all patrons) (Identical to HB 1923)

2002 General Assembly Bills (updated March 9)

HB224 (Hargrove)- Abolishes the Death Penalty   VADP supports .....status- killed in committee
HB453 (Griffith) HB1120(Albo)- Comprehensive Terrorism Act   VADP opposes ....status- passed unanimously in both House and Senate.
HB549 (Callahan)- Moratorium on the Death Penalty   VADP supports ...status- killed in committee
HB644 (O'Brien)- Capital Murder for Burglary as aggravating circumstance VADP opposes ...status- continued to next year
HB815 (Almand)- Funding and appointment of experts for indigent defendants VADP supports ....status-killed in committee
HB893 (McDougle)- Capital Murder for law-enforcement officer   VADP opposes ....status- passed in House, Senate Courts of Justice Committee voted to continue to 2003 session.
HB957 (Almand)- Death Penalty prohibited for mentally retarded VADP supports .... status- postponed until next year
HB959 (Almand)- Introduction of any newly discovered evidence   VADP supports ...status- killed in committee
SB10 (Barry)- Death Penalty Opposition Registry VADP opposes.... status- passed over in committee.
SB89 (Marsh)- Petition of writ of actual innocence (repeals 21-Day Rule) VADP supports... status- failed in committee on a tie vote
SB90 (Marsh)- Moratorium on the Death Penalty   VADP supports .....status- killed in committee
SB131 (Stolle)- Voter Referendum to allow introduction of newly discovered evidence....status- passed in both Senate and House
SB315, SB514(Stolle)- Comprehensive Terrorism Act   VADP opposes .....status- passed in Senate and House
SB497 (Edwards)- Death Penalty Prohibited for Mentally Retarded   VADP supports......status- passed unanimously in Senate. Postponed until next year by House Courts of Justice

For a listing of all criminal procedure bills click here

2002 Session of Virginia General Assembly Not Kind to Death Penalty Reform Efforts, but…..

     Efforts to reform Virginia’s death penalty laws were once again killed in the House and Senate Courts of Justice Committees for the most part this year. They did manage to expand the death penalty to terrorist masterminds.    Bills to implement a moratorium and abolish the death penalty were dismissed by both committees. Del. Vince Callahan (R-34th district, McLean), chairman of both House Appropriations Committee and JLARC has emerged as our newest ally as he sponsored the moratorium bill. Del. Callahan spoke eloquently pushing for his bill in House Courts of Justice, which could only muster 4 votes out of the 22 members.
     The House Courts of Justice, which in the 1999 and 2000 sessions passed a bill to allow newly discovered evidence of innocence to be heard in court, shot down this years’ effort to repeal the dreaded 21-day rule, sponsored again by Del. Jim Almand (D- 47th, Arlington). The make-up of the committee has changed considerably. As a result of redistricting, the make-up of the House of Delegates has become overwhelmingly Republican. As a result the House speaker has appointed 7 new 30-something-conservative Republicans to the committee. All except one, Gary Reese (R-67th, Oak Hill) voted against allowing new evidence to be heard.   Del. Michele McQuigg (R-51st, Woodbridge) joined with the remaining 6 Democrats that remain on the committee and voted for the bill.
     The House Courts of Justice continued to show that it would not be receptive to any death penalty reform bills, when it turned away a bill introduced by Del. Almand to prohibit the execution of people with mental retardation. In 1989, only Maryland and Georgia joined with the 12 abolitionist states and the District of Columbia in prohibiting the execution of the mentally retarded. In the last 13 years, 16 more states and the federal government have enacted such laws. The U.S. Supreme Court will decide in June the constitutionality of executing the mentally retarded in the case of Virginia Death Row inmate Daryl Atkins. While the bill was killed amongst much debate in House Courts, the Senate version introduced by Sen. John Edwards (D- 21st, Roanoke) to much surprise glided through after much discussion in Senate Courts of Justice. Soon after, it passed unanimously on the Senate floor, before it met its demise in House Courts of Justice.
      On the Senate side Sen. Henry Marsh (D-16th, Richmond) once again sponsored a moratorium bill and a bill to allow the introduction of newly discovered evidence. While the moratorium bill only mustered 4 out of 14 votes, the Writ of Actual Innocence bill went through a series of bizarre events and just barely lost out in the end. On January 23, the Senate Courts of Justice Committee voted 8-6 in favor of reporting the bill to the floor of the Senate. The committee chairman, Sen. Ken Stolle (R-8th District, Virginia Beach) “unhappy” with the vote recessed the committee and upon returning, one Republican Sen. Harry Blevins (R-14th District, Chesapeake) decided to change his vote. Although the majority still favored reporting the bill, Sen. Stolle decided that since there was no one there to speak against the bill, he was going to bring the bill up again the following week. This time Sen. Blevins abstained and Sen. Marty Williams (R-1st District, Newport News) did an “about-face” and voted against the bill, resulting in a tie vote, which meant that the bill was not reported. The committee voted unanimously to continue it to the 2003 session. While the bill lost out under what many would consider “unethical arm-twisting” by Sen. Stolle, two members of the committee who did vote against the bill Sen. Roscoe Reynolds (D-20th District, Martinsville) and Sen. Frederick Quayle (R- 13th district, Chesapeake), did comment that they were uncomfortable with the 21-Day Rule and that reform was needed not only in DNA cases. A bill to allow DNA testing passed last year.
So what now? The efforts to achieve a moratorium is still our main objective and telling from the votes in both houses of the General Assembly, there is much to do. Both houses were presented with information that the majority of Virginians support a suspension of executions so that the death penalty system can be studied. That combined with 3 local city councils, 3 local bar associations and other lawyer groups, over 50 state religious institutions, a number of newspapers (including pro-death penalty ones), and others adding up to over 80 organizations have passed resolutions calling for a moratorium on the death penalty. While the JLARC report took a stab at the administration of Virginia’s death penalty last year, the report was incomplete as a whole. There are still many questions about the fairness of the death penalty that needs serious study.
     Virginians for Alternatives to the Death Penalty (VADP) will be sending regular mailings to legislators throughout the year with information about the death penalty and how it relates to Virginia. This will include articles, studies, op-eds, polls, etc. which will give them some food for thought. You can help by sending us relevant articles from your local newspapers. You are also encouraged to write letters to the editor of your newspapers. The death penalty needs to stay in the news, and discussion and dialogue needs to be continued. We also need your help in getting more local governments, bar associations, newspapers, religious institutions, civic groups, and other organizations to adopt moratorium resolutions. Please go to our web site at www.VADP.org or call us at 434-960-7779 or 1-888-567-VADP for more information.
     And lastly, make appointments with your legislators in your district throughout the year. If you haven’t done so in the past, contact us about setting up appointments.

Death Penalty Bills in the 2001 General Assembly
        HB 1590 (Marshall): authorizes a jury instruction in capital cases that "an individual who was sentenced to death in the Commonwealth and twice scheduled to be executed was later granted an absolute pardon absolving him of guilt for a capital murder conviction on the basis of DNA testing." Defeated in House Courts of Justice Committee, 0-23.

        HB 1656 (Parrish): expands death penalty statute to include murder of a person who is going to testify as a witness. Defeated in House Courts of Justice, 9-13.

     HB 1827 (Hargrove): abolish capital punishment in Virginia. Defeated in House Courts of Justice Committee, 0-23.

        HB 2345 (Almand): abolishing 21-day rule for capital cases. Defeated in House Courts of Justice Committee, 10-11.

        HB 2349 (McEachin): requires biological evidence in criminal cases to be preserved and authorizes convicted person to petition to have biological evidence tested in order to prove innocence. Bill withdrawn by the patron,   Del. McEachin.

        HB 2580 (McDonnell): authorizes Virginia Supreme Court to set standards for attorneys defending death penalty cases. Passed both houses unanimously. Awaiting action by the Governor.

        HB 2664 (Morgan): declares a moratorium on executions in Virginia until JLARC completes its study of the death penalty. Incorporated into HB 2764 (below), which does the same thing, and which was then defeated in House Courts of Justice Committee, 6-16.

        HB 2764 (Almand): declares a moratorium on executions in Virginia until JLARC completes its study of the death penalty. Defeated in House Courts of Justice Committee, 6-16.

        HB 2799 (Devolites): declares a moratorium on executions in Virginia until JLARC completes its study of the death penalty. Incorporated into HB 2764 (above), which does the same thing, and which was then defeated in House Courts of Justice Committee, 6-16.

        HB 2802 (Armstrong): requires preservation of evidence. Re-written to mirror language in SB 1366 on this topic. Passed both houses. Awaiting action by the Governor.

        HJR 508 (Marshall): establishing a joint subcommittee to study the need for a moratorium on executions in Virginia. Defeated in House Rules Committee, 1-16.

        SB 1134 (Marsh): abolishing 21-day rule for capital cases. Defeated in Senate Courts of Justice Committee, 4-11.

        SB 1135 (Marsh): declares a moratorium on executions in Virginia until JLARC completes its study of the death penalty. Defeated in Senate Courts of Justice Committee, 5-10.

        SB 1366 (Stolle): requires preservation of "human biological evidence" and authorizes convicted felons to seek DNA testing. Establishes procedure for petitioning the Virginia Supreme Court for a "writ of actual innocence" requiring inmate to be released when he can prove his innocence using DNA evidence. Passed by both houses unanimously. Awaiting action by the Governor. The parts of the bill relating to DNA testing will become effective immediately when the bill is signed by the Governor.

Gov. Gilmore added a number of amendments to this bill which set a time limit of 3 years and does not allow for a person who pled guilty to introduce newly discovered DNA evidence.
Both the Senate and the House of Delegates overrode the Gov.'s amendments. The Gov. signed the bill into law on April 25.

        SJR 419 (Stolle): Proposes constitutional amendment to authorize Supreme Court to hear petitions for "writ of actual innocence" as provided in SB 1366.   Passed both houses unanimously. Does not need action by the Governor, but will have to be passed again by the legislature in 2002 and then approved by the voters in the November 2002 election.

VADP Position On Bills
House of Delegates:
HB 1656 (Parrish, R-50th district, Manassas)- Makes the murder of a person for the purpose of preventing them from testifying in a judicial proceeding a capital offense VADP OPPOSES

HB1827 (Hargrove,R-55th district, Hanover County)- Abolition of the Death Penalty
VADP SUPPORTS

HB 2664 (Morgan, R- 98th district, Gloucester)- Moratorium on the Death Penalty
HB 2799 (Devolites, R-35th district, Vienna)
HB 2764 (Almand, D-47th district, Arlington)
VADP SUPPORTS

HB2345(Almand,D-47th district, Arlington)- Abolition of 21-Day Rule
VADP SUPPORTS

HB2349 (McEachin, (D-74th district, Richmond)-Innocence Protection Act
VADP SUPPORTS with modification that not only biological evidence be allowed.

HB2580 (McDonnell, R-84th , Virginia Beach)-Develop standards and list of qualified attorneys to represent defendants. VADP OPPOSES

HB 2802 (Armstrong, D- 11th district, Martinsville)- Retention of evidence
VADP SUPPORTS

HB 1590 (Marshall, R-13th district, Prince William County)- Notify jury considering death sentence that an individual, Earl Washington, was scheduled for execution twice, only later to be granted an absolute pardon based on DNA evidence.
VADP DOES NOT SUPPORT BECAUSE IT GIVES JURORS A FALSE SENSE THAT AN APPEALS COURT OR THE GOVERNOR WILL CORRECT ANY MISTAKES MADE.

HJ 630 Study- (Almand)- Compensation for Wrongly Convicted Persons
VADP SUPPORTS

Senate:
SB 1134: (Marsh, D-16th district, Richmond)- Abolition of the 21 Day Rule
VADP SUPPORTS with modification

SB 1135: (Marsh, D-16th district, Richmond)- Moratorium on the death penalty
VADP SUPPORTS

SB 1366: (Stolle, R- 8th district, Virginia Beach/ Crime Commission)- Storage and Testing of certain evidence, writ of actual innocence
VADP OPPOSES. DOES NOT GO FAR ENOUGH .   ONLY ALLOWS SCIENTIFIC EVIDENCE TO BE PRESERVED. (Of the 93* death row prisoners exonerated nationwide since 1977, only 10 had DNA evidence to prove their innocence). STANDARD TO INTRODUCE EVIDENCE IS TOO HIGH. ALLOWS EVIDENCE TO BE DESTROYED AFTER INMATE HAS BEEN EXECUTED. It does nothing for issues of ineffective counsel. This bill as is would not have saved Earl Washington.

SJ 419 (Stolle)- Constitutional Amendment; claims of actual innocence by felons

OTHER DEATH PENALTY RELATED BILLS

HB 2404: (Kilgore, R- 1st district, Gate City)- Limitation of civil lawsuits by prisoners
VADP OPPOSES

SB1262: (Quale- R- 13th district, Chesapeake)- Limitation of civil lawsuits by prisoners
VADP OPPOSES
*Total number of exonerations has now topped 100

2000 General Assembly Death Penalty Related Bills
HB978 which raised the age that a juvenile can be charged with a capital offense from 14 to 16 was approved unanimously by both the House of Delegates and the Senate.
HB1311 (21- Day Rule Bill)
HB270 | HB271 | SB129 | SB130
All 4 bills are being held over till next year after
the Crime Commission makes the decision whether it, rather than the Legislature,
will decide on bills to expand the death penalty.
House Joint Resolution (HJ307)

1998 GENERAL ASSEMBLY
BILLS TO ABOLISH 21 DAY RULE INTRODUCED
       Two bills to repeal Virginia’s dreaded 21 day have been introduced in the House of Delegates. The Capital Case Bill of Review– renumbered HB 606– has been introduced by Delegate Ken Plum of Reston. Delegate Jim Almand of Arlington who introduced the Bill last year is introducing a similar bill, HB933. HB 933 calls for an
outright repeal of the 21 Day Rule while HB 606 puts a time limit of 60 days prior to the execution, that the condemned has to introduce a "Capital Case Bill of Review."
A group of activists from Richmond who have been actively working with the delegates on the bill are finding bi-partisan support in the Legislature. It is urgent that our      members contact members of the House Courts of Justice as well as their own Legislators. (A complete list of members on page 2).
       We actually have a chance to make some serious progress this year, but we need your help. Legislators often base their votes on the amount of calls they receive.

       GENERAL ASSEMBLY ALERT
       Chip Woodrum (16th district- Roanoke) has introduced a bill which increases the time that a habeas corpus petition can be introduced (HB 622).
       Letters of gratitude can be sent to delegates Woodrum, Almand, and Plum via the Gen. Ass. at PO Box 406, Richmond, 23218.
       You can see a summary of any bill and keep up with the proceedings in the Gen. Assembly by accessing their web site, http://legis.state.va.us and go to bill status or access our web site at http://www.vadp.org.
       There are also a number of bills to expand the death penalty (as usual).
       HB 97- murder of member of crime watch program
       HB 107- murder of child under 16 by custodial adult
       HB 251- murder of spouse or former spouse
       HB 381- reduces the amount of drug transaction of a drug kingpin (also see HB 361)
       The members of the House Courts of Justice need to be contacted especially concerning the 21 day rule bills. You can do this in 2 ways. Call the Legislator's hot line and give the information to the operator. That number is toll free      1-800-889-0229.
       Below is the list of the members of House Courts of Justice, locale, & office phone # if you want to speak directly to their office. The Gen.Ass. has simplified phone numbers. The preface and first 2 numbers for all legislators is 804-698-10xx. Then just add the district that they represent. Example: Jim Almand would be 698-1047.

       Jim Almand (Co-Chair) – 47th district, Arlington
       Thomas Baker (Co-Chair) – 7th district, Dublin
       David Albo – 42nd, Springfield
       Ward Armstrong – 11th, Martinsville
       Eric Cantor – 73rd, Richmond
       Dick Cranwell – 14th, Vinton
       Creigh Deeds – 18th, Warm Springs
       Morgan Griffith – 8th, Salem
       Paul Harris – 58th, Charlottesville, Albemarle,    Greene, Rockingham
       William Howell – 28th, Fredericksburg
       Johnny Joannou – 79th, Portsmouth
       Joe Johnson – 4th, Abingdon
       Jerrauld Jones – 89th, Norfolk
       Terry Kilgore – 1st, Gate City
       Roger McClure – 67th, Centreville
       Robert McDonnell – 84th, Virginia Beach
       Donald McEachin – 74th, Richmond
       Michele McQuigg – 51st, Occoquan
       Ken Melvin – 80th, Portsmouth
       Brian Moran – 46th, Alexandria
       John Rust – 37th, Fairfax
       John Tate – 5th, Marion
       Vivian Watts – 39th, Annandale

       In the Senate, 4 expansion bills have been introduced.
       SB 90 – murder of a witness who will testify in court
       SB 149 – murder of a member of a neighborhood watch program
       SB 222 – murder combined with animate object penetration
       SB 271- conviction of a second or subsequent sexually violent offense. i.e., rape, forcible sodomy, object penetration, and aggravated sexual battery. (Killed in committee January 28)
Members of Senate Courts of Justice:
       To call their office at the Gen. Ass. dial 804-698-75xx (district #) ex- Joe Gartlan would be 698-7536
       Joe Gartlan (Chair) – 36th, Mason Neck
       John Edwards – 21st, Roanoke
       Randy Forbes – 14th, Chesapeake
       Janet Howell – 32nd, Reston
       Louise Lucas – 18th, Portsmouth
       Henry Marsh – 16th, Richmond (Sen. Marsh's    brother was murdered last year)
       Thomas Norment – 3rd, Williamsburg
       Russell Potts – 27th, Winchester
       Frederick Quayle – 13th, Chesapeake
       Jack Reasor – 38th, Bluefield
       Roscoe Reynolds – 20th, Martinsville
       Richard Saslaw – 35th, Springfield
       Ken Stolle – 8th, Virginia Beach
       Malfourd Trumbo – 22nd, Fincastle
       Martin Williams – 1st, Newport News

1997 GENERAL ASSEMBLY
        While the usual expansion bills were introduced it was the Capital Case Bill of Review (21-day rule bill) which many people worked so hard on, which was of greatest concern during this years General Assembly. Also known as HB 2401, the bill that would have allowed death row prisoners to introduce newly discovered evidence until 60 days before their execution and would have allowed those whose sentences were commuted (Joe Giarratano, Herbert Bassett, Earl Washington, and Joseph Payne) to introduce their evidence, was killed in a subcommittee of the House Courts of Justice.

We were informed that the Governor and the Attorney General lobbied very hard against the bill. Whereas we may have lost the battle, it just means that we have another year to inform our legislators about the bill and the need to correct this terrible injustice. Letters of encouragement can be sent to Del. Jim Almand (2060 N.14th St., Suite 206, Arlington 22201) who sponsored the bill and to the following patrons: Delegates Darner, Plum, Van Landingham, and Woodrum). Through the year please contact your state representatives. If you want the exact wording of the bill, please contact VADP and we will get the information out to you.

Other bills which passed:
       The murder of a law enforcement officer from the federal government or other states who have the power to arrest for felonies (HB 2911, SB 774). The willful, deliberate, and premeditated killing of more than one person, within 5 years of another killing (SB 513). The murder of a pregnant woman with the intent to kill the fetus (SB 495).
One expansion bill that failed was the murder of a child under the age of 16 by an adult in a supervisory or custodial role (HB 1670).
In other related bills: HB 2489 which would have provided for unmonitored telephone conversations between prisoners and their legal counsel as well as allowing certain members of the media credentialed by the Dept. of Corrections reasonable access to prisons was narrowly defeated in the Senate after passing in the House. This bill       which puts checks and balances on the prisons will more than likely be reintroduced next year.

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