Current
Legislation
Death Penalty Issues in the 2005 General Assembly
Bills VADP Supports:
1. Abolition of the Death Penalty for Juvenile Offenders
HB 1975 - Introduced by Delegate Vincent Callahan
SB 1078 - Introduced by Senator Patricia Ticer
Both of these bills call for moving the minimum age at which
a person can be given a death sentence in
SB 1078
and HB 1975 were both passed by in the Courts of Justice Committees. However, both bills were referred to the
2.
Moratorium on Executions in
SB 915 - Introduced by Senator Henry Marsh III
SJ 318 - Introduced by Senator Henry Marsh III
SB 915 calls for a moratorium on executions in the
In addition to a moratorium bill, Senator Marsh has authored
SJ 318 a resolution in the Senate that calls for a thorough study of the current
capital punishment system in
SB 915 was tabled in the Senate Courts
of Justice Committee on January 24, 2005.
3.
Abolition of the Death Penalty in
HB 1879 - Introduced by Delegate Frank Hargrove
HB 1879 calls for the abolition of the death penalty in
HB 1879 was tabled in the House Courts
of Justice Committee on January 31, 2005.
4. The Freedom Restoration Act
HB 1805 - Introduced by Delegate Robert Marshall
SB 914 - Introduced by Senator Henry Marsh III (Named: Post-Conviction Relief)
These two bill makes it easier for
individuals who have been wrongfully convicted to prove their innocence in the
courts. The bill removes the following restrictions on individuals with new
non-biological evidence of innocence: an original trial plea of non-guilty, a
one time limit on petitioning the courts, that the evidence be new to both
incarcerated individuals and their attorneys. The bill also calls for using a
preponderance of evidence as the standard rather than demanding that it be
considered clear and convincing.
HB 1805 was
passed by indefinitely by the House Courts of Justice Committee on January 31, 2005.
SB 914 was
passed through the Senate and sent to the House in a much amended form. While VADP believes that the more changes are
needed, we support SB 914 as a step in the write direction. This bill will come before the House Courts
of Justice on February 18, 2005.
Click here for directions & a sample email
5. Preservation of Evidence
SB 808 - Introduced by Senator Henry Marsh III
This bill requires that state to preserve and catalogue biological evidence. As of July 1, 2005 the Division of Forensic Science of Virginia would have to store, preserve, and retain all biological evidence that in its possession and to develop an inventory of the evidence.
SB 808 was referred
to the Senate Finance Committee. The bill will note be heard in this session.
6. Execution of a Pregnant Inmate
HB 1812 - Introduced by Delegate Robert Marshall
This bill states that should a female scheduled for execution be found to be pregnant her execution date must be postponed for a minimum of ten months.
HB 1812 passed the
House Courts of Justice Committee and will be heard in the Senate Courts of
Justice Committee on February 16, 2005.
Bills VADP DOES NOT Support:
1. Expanding the Death Penalty in Regards to Gang Killings
HB 1800 - Delegate David Albo
This bill makes the deliberate and premeditated killing of any person by another under direction or order of a gang member capital murder and hence an offense punishable by death.
HB 1800 was
reported out of the House of Delegates but was passed by in the Senate Courts
of Justice Committee. HB 1800 was,
however, referred to the
2. Capital Murders Cases - Sentencing, Motion, and Appeals
HB 2773 - Delegate Robert Bell
This bill removes the "default" life sentence in the event a jury cannot agree on the sentence in a capital case and provides for the empanelment of a different jury for determining punishment, or for sentencing by the judge upon agreement of all parties.
The bill also requires defense objections on speedy trial or double jeopardy grounds be filed in writing at least seven days before trial and that all parties, not just the accused as under current law, must agree in order to waive the provision that a hearing on defense objections be held at least three days before trial. The bill provides that the Commonwealth may appeal on speedy trial or double jeopardy grounds. Currently, such appeal must be on the ground that a statute upon which the dismissal was based is unconstitutional.
HB 2773 was
defeated in the House Courts of Justice Committee on February 4, 2005.
3. Appeal by the Commonwealth
HB 1977 - Janis
This bill provides that in a felony case, a pretrial appeal
from a circuit court may be taken by the Commonwealth from an order of a
circuit court dismissing a warrant, information or indictment or any count or
charge thereof, on the ground that the speedy trial statute was violated or
that the defendant was subjected to double jeopardy.
HB 1977 passed the House Courts of Justice Committee and was sent to the Senate Courts of Justice.
General Assembly
Home | News & updates | Action alerts | Vigil info | Upcoming events | Men on the row
Va. death penalty info | Execution info | 21-day rule
Join VADP | Search