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 number	Bill Description	Status
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 number	Bill Description	Status
HCR2023	Proposed amendment to the constitution of Arizona to prohibit the death penalty	Introduced 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.
SB1475	Would repeal the death penalty	Introduced 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 number	Bill Description	Status
HB 1694	Would establish a process for those with serious mental illness to be evaluated and be exempt from the death penalty; would not apply retroactively.	Filed on March 24, 2023 by Rep. Flowers (D) and Rep. Leding (D), co-sponsored by Rep. Pilkington (R). Referred to the Judiciary Committee on March 27.
SB 552	Would create the offense of capital rape.	Filed on March 30, 2023 by Sen. Hester (R) and Sen. Gonzalez (R), and referred to Judiciary Committee.

CALIFORNIA (Session dates: 12/05/2022 - 11/30/2024)
Bill number	Bill Description	Status

DELAWARE* (Session dates: 01/10/2023 - 06/30/2024)
Bill number	Bill Description	Status
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 number	Bill Description	Status
HB 555/SB 450	Would only require eight out of 12 jurors to agree to a death sentence for it to be imposed.	SB 450 prefiled by Sen. Jacques (R) on January 31, 2023; SB 450 passed the Senate 29-10 on March 30 and passed the House 80-30 on April 13. SB 450 approved by the Governor on April 20. HB 555 prefiled by Rep. Ingoglia (R) on January 30, 2023 and referred to Criminal Justice Subcommittee on February 7, 2023; HB 555 substituted by SB 450 on April 13.
HB609/SB520	Would allow a judge to override a jury’s recommendation of life under certain circumstances	HB609 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. Both bills died in committee on May 5.
HB1297/SB1342	Would allow capital punishment for sexual battery and prevent the judge from reducing a jury’s death sentence to life	HB1297 introduced by Rep. Baker (R) and co-sponsored by Rep. Black (R), Rep. Jacques (R), and Temple (R) on March 1, 2023; passed the House 95-14 on April 13 and passed the Senate on April 18; HB1297 was signed by the governor on May 1. SB1342 introduced by Sen. Martin (R) on March 1, 2023, passed committee, and was substituted with HB1297.

GEORGIA (Session dates: 01/09/2023 - 04/02/2024)
Bill number	Bill Description	Status

IDAHO (Session dates: 01/09/2023 - 03/31/2023)
Bill number	Bill Description	Status
HB 186	Would add firing squad as a method of execution	Introduced on February 22, 2023 by the Ways and Means Committee. PASSED the House on March 3 by a vote of 50-15, with 5 abstentions. PASSED the Senate on March 20 by a vote of 24-11. SIGNED by Governor Brad Little on March 24 and goes into effect on July 1.

ILLINOIS (Session dates: 01/13/2021 - 01/11/2023)
Bill number	Bill Description	Status
SB2151/SB2145/SB2114/SB1596	Would 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.
HB3495	Would reinstate the death penalty for first degree murder of a peace officer.

INDIANA (Session dates: 01/10/2023 - 03/07/2023)
Bill number	Bill Description	Status

IOWA (Session dates: 01/09/2023 - 05/22/2024)
Bill number	Bill Description	Status
SF14 / SF357	Would 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. On February 21, Committee approves bill and renumbers as SF 357.

KANSAS (Session dates: 01/09/2023 - 05/21/2024)
Bill number	Bill Description	Status
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 number	Bill Description	Status
SB45	Would 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.
HB104	Would 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).
HB 179	Would abolish the death penalty and replace it with life without parole for current death-row prisoners sentenced to death.	Introduced on February 7, 2023 by Rep. James Tipton (R).
HB 249	Would include the intentional killing of a child under 12 as an aggravating factor in capital cases.	Introduced in the House by six Republican representatives on February 10, 2023. Passed 32-4 in the House on March 16 and signed by the Governor on March 24.

LOUISIANA* (Session dates: 04/10/2023 - 06/08/2023)
Bill number	Bill Description	Status
HB 228	Would abolish the death penalty.	Prefiled by Rep. Kyle Green Jr. on March 27, 2023.

MISSISSIPPI (Session dates: 01/03/2023 - 04/04/2023)
Bill number	Bill Description	Status
HB103	Would 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.
HB1079	Would provide death penalty sentencing alternatives to those under 18 at the time of the crime was committed.	Sponsored by Rep. Jill Ford (R) and referred to Judiciary on January 16, 2023. Died in committee on January 31, 2023.

MISSOURI* (Session dates: 01/04/2023 - 05/30/2023)
Bill number	Bill Description	Status
HB 609/HB 839/HB 961	Would 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 number	Bill Description	Status

OKLAHOMA (Session dates: 02/06/2023 - 05/25/2024)
Bill number	Bill Description	Status

NEBRASKA* (Session dates: 01/04/2023 - 04/18/2024)
Bill number	Bill Description	Status
LR 17CA	Proposes a constitutional amendment that would abolish the death penalty and resentence death-row prisoners to life	Introduced January 11, 2023 by Sen. Terrell McKinney (D). On March 9, notice of hearing for March 16 provided.

NEW YORK (Session dates: 01/04/2023 - 01/02/2025)
Bill number	Bill Description	Status
S01271	Relates 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/S01922	Requires 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

NEW JERSEY (Session dates: 1/11/2022 - 01/09/2024)
Bill number	Bill Description	Status
ACR86	Would reinstate the death penalty, which was abolished in 2007	Introduced by Assembly Member Parker Space (R) and Harold Wirths (R) on February 7, 2022 and referred to the judiciary committee.
A2435 / S1672	Would reinstate the death penalty for certain murders.	A2435 was introduced by Assembly Member Parker Space (R) and Harold Wirths (R) on February 14, 2022 and referred to the judiciary committee. S1672 was introduced by Sen. Steven Oroho (R) on February 14, 2022 and referred to the judiciary committee.
A3046	Would reinstate the death penalty for certain murders.	Introduced by Assembly Member Alex Sauickie (R) on February 28, 2022 and referred to the judiciary committee.

NORTH CAROLINA (Session dates: 1/11/2023 - 06/30/2024)
Bill number	Bill Description	Status
SB 109	Would repeal the death penalty and resentence those with death sentences to life without parole.	Filed by Sen. Mayfield (D) and Sen. Murdock (D) on February 15, 2023 and referred to rules and operations on February 16.

OHIO* (Session dates: 01/02/2023 - 12/31/2024)
Bill number	Bill Description	Status
SB 101	Would abolish the death penalty	Introduced on March 29, 2023 by Sen. Antonio (D) and Sen. Huffman (R), as well as 10 co-sponsors. Referred to judiciary committee on April 19.

OREGON* (Session dates: 01/17/2023 - 06/17/2023)
Bill number	Bill Description	Status
SJR27 / HJR28	Proposes abolishing the death penalty as an issues for voters to vote on in the next general election.	SJR27 is sponsored by Sen. Lew Frederick (D) and referred to judiciary committee on January 23, 2023. HJR28 is primarily sponsored by Rep. Farrah Chaichi (D) and Rep. Tom Anderson (D) and referred to the judiciary committee on March 7, 2023.
SB 782 / HB3557	Would remove death penalty laws if SJR 27 is approved by the people in the November 2024 general election.	SB 782 is sponsored by Sen. Frederick (D) and referred to judiciary committee on January 23, 2023. HB 3557 is sponsored by Rep. Anderson (D) and Chaichi (D) and referred to the judiciary on March 7, 2023.
HB3439	Directs the Department of Corrections to study the facilities used for executions at Oregon State Penitentiary.	Sponsored by Rep. Paul Evans (D) and referred to judiciary committee on March 3, 2023.

PENNSYLVANIA (Session dates: 01/03/2023 - 11/30/2024)
Bill number	Bill Description	Status

SOUTH CAROLINA* (Session dates: 01/10/2023 - 06/30/2024)
Bill number	Bill Description	Status
S 71	Would 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 120	Would conceal the identities of members of the execution team, including suppliers of lethal-injection drugs	Prefiled by Sen. Greg Hembree (R) and referred to Committee on Corrections and Penology on November 30, 2022. Introduced in Senate committee on January 10, 2023. On February 2, passed committee and on February 23 passed roll call 39-5. Referred to House on February 28 and passed House roll call 80-22 on April 20. Passed Senate roll call 32-6 on May 4. Signed by Governor on May 12.

SOUTH DAKOTA (Session dates: 01/10/2023 - 03/27/2023)
Bill number	Bill Description	Status

TENNESSEE (Session dates: 01/10/2023 - 04/26/2024)
Bill number	Bill Description	Status
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	HB 0289 introduced on January 20, 2023 by Rep. Lowell Russell (R), passed the house on March 13 (74-22), and signed by House speaker on April 28. HB 0289 passed the senate on April 19 (25-7) and signed by Senate speaker on May 3; HB 0289 was signed by the Governor on May 11; goes into effect July 1. SB1112 filed on January 31, 2023 and substituted with companion HB0289 on April 19.
HB1245/SB1152	Would provide firing squad as a method of execution.	SB1152 was introduced on February 2 by Sen. Nicely (R); placed on calendar for Finance, Ways and Means Committee for April 20. HB1245 was introduced on February 1 by Rep. Powers (R); taken off calendar for Finance, Ways and Means Subcommittee on April 18.
HB0870/SB0977	Would make the identities of the entity that compounds, distributes, or manufactures lethal injection drugs or the individuals who carry out the execution public record.	HB0870 was introduced on February 1, 2023 by Rep. Lafferty (R), referred to State Government Committee on February 14, and taken off the calendar on March 8. SB0977 was introduced on February 2, 2023 by Sen. Pody (R), referred to Senate State and Local Government Committee on February 6, and deferred to first calendar of 2024 on March 14.

TEXAS* (Session dates: 01/10/2023 - 05/29/2024)
Bill number	Bill Description	Status
HB 918/HB 142	Would abolish the death penalty	HB 918 filed December 8, 2022 by Rep. Harold V. Dutton, Jr. (D); referred to Criminal Jurisprudence on March 2. HB 142 filed November 14, 2022 by Rep. Joe Moody (D); referred to Criminal Jurisprudence on February 23.
HB 727	Would prohibit the death penalty for defendants with severe mental illness	Filed November 16, 2022 by Rep. Toni Rose (D). Passed the house on April 5, 2023. Received in the Senate on April 6.
HB 381	Would change the procedure for determining intellectual disability in capital cases, and align the state’s definition of intellectual disability with clinical standards	Filed November 14, 2022 by Rep. Senfronia Thompson (D). Passed the House on May 9, 2023. Receive in the Senate on May 10, and referred to State Affairs on May 15.
HB 314	Would prohibit the death penalty in cases that rely solely on the testimony of a single eyewitness	Filed November 14, 2022 by Rep. Steve Toth (R). Referred to Criminal Jurisprudence on February 23. No action taken in committee on March 7.
HB 180	Would require a court to withdraw an execution date if requested by the prosecutor	Filed November 14, 2022 by Rep. Joe Moody (D). Passed the House on April 13, and received in the Senate.
HB 1736	Would limit the use of the death penalty in “law of parties” cases, limiting them to instances where the individual is a “major participant” in a capital murder and behave with “reckless indifference to human life”	Filed by Rep. Leach (R) on January 26, 2023. Passed the House on April 20 with 133 in favor, 11 against, 1 abstaining. Received in the Senate on April 24.

UTAH (Session dates: 01/17/2023 - 03/03/2023)
Bill number	Bill Description	Status

VIRGINIA (Session dates: 01/11/2023 - 02/11/2023)
Bill number	Bill Description	Status

WASHINGTON (Session dates: 01/09/2023 - 03/08/2024)
Bill number	Bill Description	Status
SB 5149	Would 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.
SB 5087	Would update the constitution to align with the Washington Supreme Court ruling that abolished the state’s death penalty.	Primarily sponsored by Sen. Jamie Pederson. Senate President signed on April 8, 2023. House Speaker signed on April 10. Governor signed on April 21.

WEST VIRGINIA (Session dates: 01/11/2023 - 03/11/2023)
Bill number	Bill Description	Status
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 number	Bill Description	Status

U.S. FEDERAL GOVERNMENT (Session dates: 01/03/2023 - 12/15/2023)
Bill number	Bill Description	Status

Feb 05, 2021

Virginia Legislature Votes to Abolish the Death Penalty

With two historic votes, the Virginia General Assembly has moved the commonwealth to the cusp of becoming the first Southern state to abolish capital punishment, approving separate bills that would end the state’s death penalty an…

News & Developments

Race

Jun 05, 2023

Black-Led Organizations Oppose New Death Penalty Legislation, Citing Disproportionate Effect on Communities of Color

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 o…

Recent Legislative Activity

Jun 02, 2023

Conservative Commentator Warns of Dangers of Non-Unanimous Death Sentences

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 Th…

Recent Legislative Activity

May 11, 2023

First Hearing Held on Ohio Legislation to Abolish the Death Penalty

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 Huffm…

Secrecy

May 02, 2023

As Tennessee Legislature Ends, Two Death-Penalty Bills Fail and One Passes

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 …

Secrecy

Apr 28, 2023

South Carolina Advances Legislation to Keep Execution Details Secret

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 d…

Recent Legislative Activity

Apr 21, 2023

Texas House Advances Bill to Limit ‘Law of Parties’ in Capital Cases

On April 20, 2023, Texas legislators initially approved House Bill (HB) 1736 to limit the application of the death penalty in cases where a defendant commits a felony that was accompanied by a murder carried out by someone other than the defendant…

Recent Legislative Activity

Apr 18, 2023

Florida Legislature Rescinds Unanimous-Jury Requirement in Death Sentencing

Florida is poised to become the state with the nation’s lowest threshold for juries to recommend death sentences, after the state legislature passed a bill allowing a judge to impose death if at least eight out of twelve jurors agree. Most states,…

Mental Illness

Apr 10, 2023

Editorial: Texas Should Bar the Death Penalty for Severely Mentally Ill Defendants

An editorial in the Dallas Morning News urges the Texas legislature to pass a bill to ban the death penalty for people with severe mental illness, stating, it “seems like an obvious decision in a decent society.” House Bill 727, sponsored…

Recent Legislative Activity

Mar 28, 2023

Idaho Steps Closer to Using the Firing Squad for Executions

Idaho will become the fifth state to authorize the firing squad as a method of execution and may become the first state to mandatorily impose it on a death row prisoner since 1976. Idaho’s Governor Brad Little signed HB 186 into law on March 24, 2…

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…

Recent Legislative Activity

Virginia Legislature Votes to Abolish the Death Penalty

News & Developments

Black-Led Organizations Oppose New Death Penalty Legislation, Citing Disproportionate Effect on Communities of Color

Conservative Commentator Warns of Dangers of Non-Unanimous Death Sentences

First Hearing Held on Ohio Legislation to Abolish the Death Penalty

As Tennessee Legislature Ends, Two Death-Penalty Bills Fail and One Passes

South Carolina Advances Legislation to Keep Execution Details Secret

Texas House Advances Bill to Limit ​‘Law of Parties’ in Capital Cases

Florida Legislature Rescinds Unanimous-Jury Requirement in Death Sentencing

Editorial: Texas Should Bar the Death Penalty for Severely Mentally Ill Defendants

Idaho Steps Closer to Using the Firing Squad for Executions

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

Texas House Advances Bill to Limit ‘Law of Parties’ in Capital Cases