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Facts & Research

Recent Legislative Activity

State legislatures and U.S. Congress frequently consider bills addressing death-penalty issues, including legislation to repeal capital punishment, reform it, or expand it.

Below are important pieces of death penalty legislation that have recently passed or are currently being considered. (DPIC welcomes additions and suggestions.)

(Left: A board displays the vote totals in the Kentucky Senate on HB 269, a bill to prohibit the imposition of the death penalty against individuals with a documented history of serious mental illness. One late vote was added to the tally displayed on the vote board. The 25-9 vote on March 25, 2022 completed legislative approval of the measure, which was forwarded to the governor for final action.)

2023 - Proposed legislation
States with bills to abolish death penalty indicated with *

Session dates via StateScape
State names link to state legislative homepage

ALABAMA (Session dates: 03/07/2023 - 06/14/2023)
Bill numberBill DescriptionStatus
HB14

Would require a unanimous vote by jurors to impose a death sentence

Introduced by Rep. Christopher England (D) on February 8, 2023.

ARIZONA* (Session dates: 01/09/2023 - 04/30/2023)
Bill numberBill DescriptionStatus
HCR2023Proposed amendment to the constitution of Arizona to prohibit the death penaltyIntroduced in the House in January 2023 by Rep. Patricia Contreras (D), along with 11 Democratic cosponsors.
HCR2035

Proposed amendment to the constitution of Arizona to prohibit the death penalty

Read in the House on February 6, 2023 and co-sponsored by 26 Democrats.
SB1474

Exclude those who had a serious mental illness at the time the offense was committed from being sentenced to death

Introduced in the Senate on February 2, 2023 by Sen. Juan Mendez, along with six Democratic cosponsors.
SB1475Would repeal the death penaltyIntroduced in the Senate on February 2, 2023 by Sen. Juan Mendez, along with five Democratic cosponsors.
ARKANSAS (Session dates: 01/09/2023 - 03/15/2023)
Bill numberBill DescriptionStatus


CALIFORNIA (Session dates: 12/05/2022 - 11/30/2024)
Bill numberBill DescriptionStatus
DELAWARE* (Session dates: 01/10/2023 - 06/30/2024)
Bill numberBill DescriptionStatus
HB 70

Would eliminate the death penalty and resentence those convicted of first-degree murder committed after 18 years of age to life without parole.

Introduced by Rep. Sean Lynn and assigned to Judiciary Committee on January 25, 2023. Co-sponsored by Sen. Hoffner (D), Sen. McBride (D), Rep. Baumbach (D), and Rep Neal (D). Additional sponsors include Sen. Gay (D) and Rep. Morrison (D).

FLORIDA (Session dates: 03/07/2023 - 05/05/2023)
Bill numberBill DescriptionStatus
HB 555/SB 450Would only require eight out of 12 jurors to agree to a death sentence for it to be imposed.

HB 555 prefiled by Rep. Ingoglia (R) on January 30, 2023 and referred to Criminal Justice Subcommittee on February 7, 2023; passed subcommittee on March 8. SB 450 prefiled by Sen. Jacques (R) on January 31, 2023.

HB609/SB520Would allow a judge to override a jury’s recommendation of life under certain circumstancesHB609 filed by Rep. Jacques on February 2, 2023 and referred to the Criminal Justice subcommittee on February 14, 2023. SB520 filed by Rep. Ingoglia (R) on February 2, 2023.
HB1297/SB1342Would allow capital punishment for sexual battery and prevent the judge from reducing a jury’s death sentence to lifeHB1297 introduced by Rep. Baker (R) and co-sponsored by Rep. Black (R), Rep. Jacques (R), and Temple (R) on March 1, 2023. SB1342 introduced by Sen. Martin (R) on March 1, 2023 and referred to the Criminal Justice, Judiciary, and Rules committee on March 7.
GEORGIA (Session dates: 01/09/2023 - 04/02/2024)
Bill numberBill DescriptionStatus
IDAHO (Session dates: 01/09/2023 - 03/31/2023)
Bill numberBill DescriptionStatus
HB 186Would add firing squad as a method of executionIntroduced on February 22, 2023 by the Ways and Means Committee. Referred to Judiciary and Rules on March 6.
ILLINOIS (Session dates: 01/13/2021 - 01/11/2023)
Bill numberBill DescriptionStatus
SB2151/SB2145/SB2114/SB1596Would reinstate the death penalty.SB2151 was introduced by Sen. Chaplin Rose (R) and referred to assignments on February 10, 2023. SB2145 was introduced by Sen. Andrew Chesney (R) and referred to assignments on February 10, 2023. SB2114 was introduced by Sen. Neil Anderson (R) and referred to assignments on February 9, 2023. SB1596 was introduced by Sen. Jason Plummer (R) and referred to assignments on February 8, 2023.
INDIANA (Session dates: 01/10/2023 - 03/07/2023)
Bill numberBill DescriptionStatus
IOWA (Session dates: 01/09/2023 - 05/22/2024)
Bill numberBill DescriptionStatus
SF14Would establish the death penalty for murder in first degree offenses involving kidnapping and sexual abuse offenses against the same victim who is a minor.Introduced by Sen. Brad Zaun (R) and referred to Judiciary on January 9, 2023.
KANSAS (Session dates: 01/09/2023 - 05/21/2024)
Bill numberBill DescriptionStatus
HB2349/SB211

Would abolish the death penalty, create the crime of aggravated murder with a sentence of life imprisonment without parole

HB2359 was introduced on February 8, 2023 by Rep. Schreiber (R), Rep. Blew, Rep. Amy (D), Rep. Ballard (D), and Rep. Carmichael (D). SB211 was introduced on February 8, 2023 by Sen. McGinn (R), Sen. Bowers (R), Sen. Dietrich (R), Sen. Doll (R), and Sen. Faust-Goudeau (D).

KENTUCKY* (Session dates: 01/03/2023 - 03/30/2023)
Bill numberBill DescriptionStatus
SB45Would abolish the death penalty; those presently sentenced to death would receive life without parole; and would prohibit life without parole for juvenile offenders convicted of capital offenses.
Sponsored by Sen. Stephen Meredith (R), Sen. Gerald A. Neal (D), and Julie Raque Adams (D) and introduced on January 5, 2023. Sent to Veterans, Military Affairs, and Public Protection on February 7, 2023.
HB104Would include abuse of a corpse by deviate sexual intercourse, sexual intercourse, or sexual contact as an aggravating circumstance.Introduced on January 5, 2023 by Rep. Samara Heavrin (R).
LOUISIANA (Session dates: 04/10/2023 - 06/08/2023)
Bill numberBill DescriptionStatus



MISSISSIPPI (Session dates: 01/03/2023 - 04/04/2023)
Bill numberBill DescriptionStatus
HB103Would remove firing squad as an execution method.Sponsored by Rep. Zakiya Summers (D) and referred to Judiciary on January 4, 2023. Died in committee on January 31, 2023.
MISSOURI* (Session dates: 01/04/2023 - 05/30/2023)
Bill numberBill DescriptionStatus
HB 609/HB 839/HB 961Would abolish the death penalty and specify that any person sentenced to death must be sentenced to life imprisonment without parole.HB 609 introduced by Rep. Sarah Unsicker (D) on January 4, 2023 and read a second time on January 5. HB 839 introduced by Rep. Patty Lewis (D) on January 18. HB 961 introduced by Rep. Tony Lovasco (R) on January 25.
MONTANA (Session dates: 01/02/2023 - 04/25/2024)
Bill numberBill DescriptionStatus
NEBRASKA* (Session dates: 01/04/2023 - 04/18/2024)
Bill numberBill DescriptionStatus
LR 17CAProposes a constitutional amendment that would abolish the death penalty and resentence death-row prisoners to lifeIntroduced January 11, 2023 by Sen. Terrell McKinney (D)
NEW YORK (Session dates: 01/04/2023 - 01/02/2025)
Bill numberBill DescriptionStatus
SO1271Relates to commission of murder in the first degree; provides that sentence for commission of certain provisions of murder in the first degree is death or life without parole.Introduced by Sen. Robert G. Ortt (R) and referred to codes on January 11, 2023.
A00854/S01922Requires that all felony offenders shall be eligible for parole after serving no more than twenty-five years of their sentence; eliminates the possibility of serving consecutive terms of imprisonment which exceed a twenty-five year sentence.A00854 sponsored by Assembly Member Robert Carroll (D), along with 5 other Democrats, and referred to codes on January 11, 2023. S01922 Introduced by Sen. Luis Sepulveda (D) and referred to codes on January 17, 2023
NORTH CAROLINA (Session dates: 1/11/2023 - 06/30/2024)
Bill numberBill DescriptionStatus
OHIO (Session dates: 01/02/2023 - 12/31/2024)
Bill numberBill DescriptionStatus
OKLAHOMA (Session dates: 02/06/2023 - 05/25/2024)
Bill numberBill DescriptionStatus
PENNSYLVANIA (Session dates: 01/03/2023 - 11/30/2024)
Bill numberBill DescriptionStatus
SOUTH CAROLINA* (Session dates: 01/10/2023 - 06/30/2024)
Bill numberBill DescriptionStatus
S 71Would abolish the death penalty and all laws related to death-penalty procedure

Prefiled by Sen. Gerald Malloy (D) and referred to Committee on Judiciary, November 30, 2022

S 120Would conceal the identities of members of the execution team, including suppliers of lethal-injection drugsPrefiled by Sen. Greg Hembree (R) and referred to Committee on Corrections and Penology on November 30, 2022. Introduced in committee on January 10, 2023. On February 2, 2023, passed committee.
SOUTH DAKOTA (Session dates: 01/10/2023 - 03/27/2023)
Bill numberBill DescriptionStatus


TENNESSEE (Session dates: 01/10/2023 - 04/26/2024)
Bill numberBill DescriptionStatus
HB 0289/SB1112

Would require a sentence of death to be carried out within 30 business days of the conclusion of any appeals or post-conviction relief, if the jury unanimously determines that certain circumstances are met

Introduced on January 20, 2023 by Rep. Lowell Russell (R). SB1112 passed on second consideration and referred to Senate Judiciary Committee.
TEXAS* (Session dates: 01/10/2023 - 05/29/2024)
Bill numberBill DescriptionStatus
HB 918/HB 142

Would abolish the death penalty

HB 918 filed December 8, 2022 by Rep. Harold V. Dutton, Jr. (D). HB 142 filed November 14, 2022 by Rep. Joe Moody (D)
HB 727Would prohibit the death penalty for defendants with severe mental illnessFiled November 16, 2022 by Rep. Toni Rose (D)
HB 381Would change the procedure for determining intellectual disability in capital cases, and align the state’s definition of intellectual disability with clinical standardsFiled November 14, 2022 by Rep. Senfronia Thompson (D)
HB 314Would prohibit the death penalty in cases that rely solely on the testimony of a single eyewitnessFiled November 14, 2022 by Rep. Steve Toth (R)
HB 180Would require a court to withdraw an execution date if requested by the prosecutorFiled November 14, 2022 by Rep. Joe Moody (D)
UTAH (Session dates: 01/17/2023 - 03/03/2023)
Bill numberBill DescriptionStatus



VIRGINIA (Session dates: 01/11/2023 - 02/11/2023)
Bill numberBill DescriptionStatus



WASHINGTON (Session dates: 01/09/2023 - 03/08/2024)
Bill numberBill DescriptionStatus
SB 5149Would reinstate the death penalty for prisoners who commit murder. The Washington Supreme Court struck down the state’s death penalty in 2018.Prefiled on January 4, 2023 by Sen. Keith Wagoner (R), Sen. Jim McCune (R), and Sen. Kevin Van de Wege (D), and referred to Law & Justice Committee on January 9, 2023.
WEST VIRGINIA (Session dates: 01/11/2023 - 03/11/2023)
Bill numberBill DescriptionStatus
HB 2555

Would reinstate the death penalty for some first-degree murder cases

Introduced by Rep. Geoff Foster (R) to House Judiciary on January 13, 2023. Co-sponsored by Rep. Brandon Steele and Rep. William Ridenour (R).

WYOMING (Session dates: 01/10/2023 - 03/10/2023)
Bill numberBill DescriptionStatus



U.S. FEDERAL GOVERNMENT (Session dates: 01/03/2023 - 12/15/2023)
Bill numberBill DescriptionStatus




News & Developments


Recent Legislative Activity

Mar 13, 2023

LEGISLATION: High Profile Cases in Texas Spur Legislative Activity on the Death Penalty

Prompted by the high-pro­file cas­es of Melissa Lucio, Andre Thomas, and John Ramirez, bills have been intro­duced in the Texas leg­is­la­ture to help pre­vent mis­car­riages of jus­tice. Representative Joe Moody (pic­tured right) has authored two bills, one…

LEGISLATION: High Profile Cases in Texas Spur Legislative Activity on the Death Penalty

Recent Legislative Activity

Feb 06, 2023

Florida Governor Pushes To Remove Safeguards in Death Penalty Cases

At the urg­ing of Governor Ron DeSantis, bills have been intro­duced in the Florida House and Senate that would allow death sen­tences even when the jury can­not come to a unan­i­mous ver­dict on the prop­er penal­ty. The pro­posed leg­is­la­tion would also pe…

Florida Governor Pushes To Remove Safeguards in Death Penalty Cases

Race

Oct 25, 2022

Legal Reform Advocates: Racial Justice Act Will Reshape California Death Row

When California’s Racial Justice Act becomes applic­a­ble to the cas­es of pris­on­ers on the state’s death row begin­ning in January 2023, it will vast­ly reshape the legal land­scape of the state’s death penal­ty, legal …

Legal Reform Advocates: Racial Justice Act Will Reshape California Death Row

Mental Illness

Oct 03, 2022

California Governor Signs into Law Bill Expanding Racial Justice Act to Prisoners Already on Death Row

California Governor Gavin Newsom (pic­tured) has signed into law a bill that pro­vides death-row pris­on­ers relief from con­vic­tions or death sen­tences obtained ​“on the basis of race, eth­nic­i­ty, or nation­al ori­gin.” The Calif…

California Governor Signs into Law Bill Expanding Racial Justice Act to Prisoners Already on Death Row

Mental Illness

Sep 06, 2022

California Passes Legislation to Make Racial Justice Act Retroactive, Remove Permanently Mentally Incompetent Prisoners from Death Row

The California leg­is­la­ture has tak­en a major stride towards reform­ing the state’s death-penal­ty prac­tices, pass­ing two bills that would remove from death row indi­vid­u­als whose cap­i­tal con­vic­tions were the prod­uct of racial discrim…

California Passes Legislation to Make Racial Justice Act Retroactive, Remove Permanently Mentally Incompetent Prisoners from Death Row

Public Opinion

Aug 10, 2022

NEW RESOURCES: Capital Punishment and the State of Criminal Justice 2022

The American Bar Association’s Criminal Justice Section has released its annu­al report, The State of Criminal Justice 2022, exam­in­ing the state of the American crim­i­nal legal sys­tem. The annu­al pub­li­ca­tion include…

NEW RESOURCES: Capital Punishment and the State of Criminal Justice 2022

Recent Legislative Activity

Jun 28, 2022

Mississippi Gives Department of Corrections Unprecedented Discretion Over Execution Methods

Mississippi cor­rec­tions offi­cials will have unprece­dent­ed dis­cre­tion in select­ing how the state’s death-row pris­on­ers will be exe­cut­ed under a new law that takes effect July 1, 2022. Mississippi autho­rizes exe­cu­tion by le…

Mississippi Gives Department of Corrections Unprecedented Discretion Over Execution Methods

Mental Illness

Apr 14, 2022

Kentucky Becomes Second State to Bar Imposing Death Penalty on Those Diagnosed as Seriously Mentally Ill

Kentucky has become the sec­ond state in the U.S. to bar impos­ing the death penal­ty on those diag­nosed as seri­ous­ly men­tal­ly ill. On April 8, 2022, Governor Andy Beshear (pic­tured) signed 

Kentucky Becomes Second State to Bar Imposing Death Penalty on Those Diagnosed as Seriously Mentally Ill

Race

Mar 31, 2022

More Than a Century After it Was First Proposed, President Biden Signs Historic Law Making Lynching a Federal Crime

After more than a cen­tu­ry of efforts by civ­il rights lead­ers to make lynch­ing a fed­er­al crime, President Joe Biden on March 29, 2022 signed into law his­toric anti-lynch­ing leg­is­la­tion. Flanked by the bill’s sponsors, 

More Than a Century After it Was First Proposed, President Biden Signs Historic Law Making Lynching a Federal Crime

Recent Legislative Activity

Mar 30, 2022

Idaho Expands Execution Secrecy After Senate Committee Reconsiders Failed Vote

Idaho Governor Brad Little on March 25, 2022, signed into law an exe­cu­tion secre­cy bill that con­ceals from the pub­lic and the courts infor­ma­tion on the pro­duc­ers and sup­pli­ers of drugs used in exe­cu­tions in the state. Hou…

Idaho Expands Execution Secrecy After Senate Committee Reconsiders Failed Vote
View More

In This Section

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  • 2022 Legislation
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  • 2020 Legislation
  • 2019 Legislation
  • 2018 Legislation
  • 2017 Legislation
  • 2016 Legislation
  • 2015 Legislation
  • 2014 Legislation
  • 2013 Legislation
  • 2012 Legislation
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