VADP

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2011 Legislative Session:

At the Senate Courts of Justice Committee, Senator Obenshain's bill (SB 1200 – redefining what is commonly referred to as the “triggerman rule”) to extend the death penalty to accomplices in cases of murder in the commission of rape was passed by indefinitely by a vote of 8 to 6.  This means that, barring some unusual maneuver to revive the bill, the effort to expand capital punishment in this year’s General Assembly session has been defeated.

Click Here to see how your Senator voted on death penalty expansion in 2011.

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.

Death Penalty Expansion:

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.

VADP opposes SB 520 which would add auxiliary police officers and auxiliary deputy sheriffs to the definition of law-enforcement officer in the capital murder statute so that the death sentence can be imposed for the murder of such an officer.

VADP 2009 Legislative Agenda

VADP Supported:

A Moratorium on Executions:

VADP supports an immediate moratorium on executions to examine the issues in the capital justice system.  We are concerned with the arbitrary application of the death penalty which is biased on the basis of race, geographic location, and socio-economic status.  Additionally, during this economic and budgetary crisis in the Commonwealth, it is crucial that we examine the high financial cost of the death penalty to the taxpayers of Virginia.  Although a capital punishment cost study has not yet been conducted in Virginia, numerous cost studies conducted in other states have concluded that the death penalty is more costly than life imprisonment.  VADP is also extremely concerned with the possibility of executing an innocent man or woman.  In Virginia we have had one exoneration from death row since 1976 and there have been 130 exonerations from death row nationwide during that timeframe.  For these reasons, VADP will urge lawmakers to take a “time out” to examine a system that hands down the ultimate punishment.   

The Abolition of the Death Penalty:

VADP supports HB 1755 which will abolish the death penalty for all Class 1 felonies committed on or after July 1, 2009.   We maintain that the best interests of the citizens of the Commonwealth are served by abolishing the death penalty.  For the reasons described above as well as the moral objections that many of our members hold, we call for the repeal of the death penalty. 

Promoting Equal Justice: 

VADP supports SB 939 which would provide indigent defendants the right to ex parte hearings for the appointment of experts in capital cases.  Currently, indigent defendants in capital cases must demonstrate a particular need for expert assistance in open court.  However, prosecutors and defendants who can pay for expert assistance do not have to make a request in open court.  This bill levels the playing field and assures more equal justice.  VADP is working in concert with multiple allies on this bill and is providing support as requested.

VADP Opposed:

Redefinition of the Triggerman Rule:

VADP opposes SB 961 and HB 2358.  The "triggerman rule" currently provides that only the actual perpetrator of a capital murder is 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. 

Death Penalty Expansion:

VADP opposes SB 1069 which adds fire marshals and assistant fire marshals with law-enforcement powers to the capital murder statute so that the death sentence can be imposed for the murder of such a fire marshal.  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 1409 which would add auxiliary police officers and auxiliary deputy sheriffs to the definition of law-enforcement officer in the capital murder statute.  The capital justice system is broken; the Commonwealth must take a “time out” to examine these issues and not continue to expand the current statute.