Recent Legislative Activity

Victims’ fam­i­lies, retired Judge James Brogan, and for­mer Department of Rehabilitation and Correction Director Gary Mohr have pub­licly expressed sup­port for leg­is­la­tion pend­ing in both the state Senate and House that would abol­ish the death penal­ty in Ohio. 

A bill to repeal the death penal­ty in Pennsylvania has passed a com­mit­tee in the commonwealth’s House of Representatives. The Pennsylvania House Judiciary Committee vot­ed 15 – 10 in favor of HB 999 on October 31, 2023. That vote is the first step toward abol­ish­ing the death penal­ty in Pennsylvania, which has had a for­mal mora­to­ri­um on exe­cu­tions since 2015 and has not exe­cut­ed any­one since 1999.

Though the Supreme Court has ruled that the Constitution for­bids the death penal­ty for a per­son who is ​“insane” at the time of exe­cu­tion, it has nev­er held that the exe­cu­tion of peo­ple with seri­ous men­tal ill­ness is uncon­sti­tu­tion­al. Experts have found that two in five peo­ple exe­cut­ed between 2000 and 2015 had a men­tal ill­ness diag­no­sis such as bipo­lar dis­or­der, schiz­o­phre­nia, or PTSD. Since 2017, at least eleven states have attempt­ed to strength­en pro­tec­tions for vul­ner­a­ble pris­on­ers by intro­duc­ing bills bar­ring the exe­cu­tion of those with seri­ous men­tal illness…

On September 6, 2023, a bipar­ti­san group of Ohio state rep­re­sen­ta­tives rein­tro­duced a bill that would abol­ish the death penal­ty and replace the pun­ish­ment with life in prison with­out parole. Legislators in Ohio have debat­ed the use of cap­i­tal pun­ish­ment for near­ly a decade, but this renewed effort comes after state sen­a­tors intro­duced Senate Bill 101 ear­li­er in the year, which would also abol­ish the use of cap­i­tal pun­ish­ment. Among the pri­ma­ry spon­sors of these bills is Representative Jean Schmidt (R‑Loveland). Representative Schmidt cit­ed her pro-life val­ues in her support…

On July 17, 2023, a Shelby County Criminal Court judge struck down a new statute, passed by the Tennessee Legislature in April 2023, to expand author­i­ty of the appoint­ed state attor­ney gen­er­al in death penal­ty cas­es. Judge Paula Skahan ruled that the law uncon­sti­tu­tion­al­ly removes the pow­er of the local­ly elect­ed dis­trict attor­ney. Some attor­neys and law­mak­ers who dis­agreed with the new statute ear­li­er expressed con­cerns that the new law tar­get­ed pro­gres­sive dis­trict attor­neys who were reluc­tant to pur­sue the death penalty.

Black-led orga­ni­za­tions are oppos­ing leg­isla­tive efforts in sev­er­al states to rein­tro­duce or expand use of the death penal­ty. Lawmakers in Illinois and New Jersey have intro­duced leg­is­la­tion to rein­state the death penal­ty, while oth­er leg­is­la­tors in Tennessee and Florida have pro­posed bills which would increase its use. Tennessee Senate Bill 1112 would require an exe­cu­tion to be car­ried out with­in 30 days of sen­tenc­ing. Governor DeSantis recent­ly signed leg­is­la­tion that nul­li­fied jury una­nim­i­ty by requir­ing only eight jurors to rec­om­mend a death sen­tence, and Senate Bill 1342 would pre­vent a Florida judge…

Florida’s recent deci­sion to allow death sen­tences with­out a unan­i­mous jury rec­om­men­da­tion increas­es the risk of exe­cut­ing an inno­cent per­son, accord­ing to con­ser­v­a­tive com­men­ta­tor Christian Schneider (pic­tured). In a May 25, 2023 col­umn for The National Review, Schneider argues that con­ser­v­a­tives should oppose the law that allows a death sen­tence to be imposed when only eight jurors agree.

On May 9, 2023, the Ohio Senate Judiciary Committee held its first hear­ing on Senate Bill 101 that would abol­ish the state’s death penal­ty. The co-spon­sors of the bill, Senate Democratic Leader Nickie Antonio (D‑Lakewood) and Senator Stephen Huffman (R‑Tipp City), argued in favor of the bill’s pas­sage and not­ed that more than one-third of Ohio’s sen­a­tors have signed on as sponsors.

Bills to alter the state’s method of exe­cu­tion and to make the exe­cu­tion process more trans­par­ent failed in Tennessee’s leg­is­la­ture this year as its ses­sion con­clud­ed. In an effort to facil­i­tate exe­cu­tions bogged down by the state’s prob­lems with lethal injec­tion, a bill was pro­posed to give pris­on­ers the option of the fir­ing squad for their exe­cu­tion. Following an inde­pen­dent inves­ti­ga­tion into Tennessee’s lethal injec­tion pro­to­cols, Governor Bill Lee ® had sus­pend­ed exe­cu­tions on January 5, 2023.

Bills to hide the iden­ti­ties of lethal-injec­tion drug sup­pli­ers and exe­cu­tion team mem­bers from the pub­lic have passed both cham­bers of the South Carolina leg­is­la­ture. The bills face a rec­on­cil­i­a­tion process before one can move to the governor’s desk for sig­na­ture. Proponents of the law say it is nec­es­sary because reveal­ing such infor­ma­tion might make exe­cu­tions dif­fi­cult or impos­si­ble. South Carolina has not car­ried out an exe­cu­tion in 12 years. Opponents say the pub­lic has the right to know about gov­ern­ment actions.