Expansion Fact Sheet: SB 54, HB166, HB 934, SB 520

Say NO to Excessive & Costly Death Penalty Expansion:
Vote NO on SB 54, HB 166, HB 934, & SB 520
 
SB 54 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.
 
HB 166 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.
 
HB 934 & SB 520 would add auxiliary police officers and auxiliary deputy sheriffs to the capital murder statute so that the death sentence can be imposed for their murder.
 
UPDATE:
02/03/10  House: Reported from Courts of Justice (19-Y 3-N)
02/10/10  House: VOTE: --- PASSAGE (78-Y 20-N)
 
Why is this legislation Unnecessary and Excessive?
 
-         Convictions for first-degree murder may already be punished with life imprisonment without parole, an extraordinarily severe punishment.  
-         There is no data or study of which we are aware suggesting that expanding the definition of capital murder in this manner would act as a deterrent.
-         This legislation would address few, if any, situations not already covered within the current statute.  Under current statutory law, murder of two or more individuals (§ 18.2-31(7)) and murder in the commission of or attempted commission of an act of terrorism (§ 18.2-31(13)) already constitute capital murder. 
 
What are the Dangers of this Death Penalty Expansion?
-         The capital justice system is broken and additional expansion will only exacerbate the issues already present in application.
-         The 2006 assessment of the capital justice system in Virginia, “Equal Justice and Fair Play”, recommended that the number of capital murder eligibility factors be reduced to five to provide more uniformity in the way that the death penalty is applied.   
-         At the time the Report was published, Virginia had 13 “predicate crimes” underlying the definition of capital murder.  Since 2006, the number has increased to 15.  This legislation would continue to expand the statute.   
-         Further expansion would not only go against these highly researched recommendations, but also could lead to less clarity within the statute and more arbitrary application of the death penalty.
-         A reduction in the number of “predicate crimes” would allow for the most just and fair application of the death penalty in the most heinous crimes.
-         Numerous death penalty cost studies have found that the death penalty costs taxpayers more than life imprisonment – these expansions could further increase these costs when Virginia faces a major budget shortfall.
 
Additional Funds that would be Spent Litigating these Cases:
-         Any funds that might have been spent litigating as capital cases any crimes that would have fit under the added provision should instead be allocated for safety equipment and training for fire marshals, assistant fire marshals, auxiliary police officers and auxiliary deputy sheriffs to handle threatening situations.
 
 
 
 
 
 
 
 
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