In states whose legislative sessions continue into 2020, post-2019 legislative activity appears on the 2020 Legislation page.
(Photo: A board displays the March 7, 2019 vote totals in the New Hampshire House of Representatives on HB 455, which would abolish the death penalty. New Hampshire abolished the death penalty on May 30, 2019, with both houses of the legislature voting to override the governor’s veto.)
2019 Legislation
States with bills to abolish death penalty indicated with *
State | Description | Status | Dates of current legislature^ |
---|---|---|---|
Alabama | 1. HB 59 would expand the state’s death-penalty statute to make the killing of a first responder a capital offense. 2. HB 273 would place a three year moratorium on the death penalty. During that time, the state would be required to implement reforms to improve due process and quality of representation, and to reduce racial discrimination in the application of the death penalty. 3. HB 436 would permit non-immediate family members of the victim to witness the execution, if there are fewer than eight immediate family members. | 1. Introduced and referred to the House Committee on Judiciary on March 5, 2019. PASSED the full House by a vote of 94 – 0 on April 18. PASSED the Senate by a vote of 27 – 0 on May 23. SIGNED by the governor on May 29. 2. Introduced and referred to the House Committee on Judiciary on March 21, 2019. 3. Introduced April 16, 2019 and referred to the Committee on State Government. PASSED the House 93 – 1 with 7 abstentions on April 30. PASSED the Senate 22 – 1 with 1 abstention on May 15. SIGNED by the governor on Mat 15. | March 25, 2019-May 23, 2019 |
Arizona* | 1. SB 1192 would exempt people with serious mental illness from the death penalty. 2. SB 1209 would abolish the death penalty. 3. SB 1314 would eliminate three aggravating circumstances and combine two currently separate aggravating circumstances, reducing the number of cases that would be eligible for the death penalty. | 1. Introduced January 28, 2019. Referred to Rules Committee and Judiciary Committee. 2. Introduced January 28, 2019. Referred to Rules Committee and Judiciary Committee. 3. SB 1314 was introduced January 31, 2019 and referred to Senate Rules Committee and Judiciary Committee. It PASSED the Senate Judiciary Committee on February 7 by a vote of 7 – 0 and PASSED the full Senate on February 14, advancing to the House of Representatives by a vote of 30 – 0. It PASSED the House Judiciary Committee by a vote of 10 – 0 on March 6, and PASSED the full House by a vote of 46 – 14 on April 3. Governor Doug Ducey SIGNED IT INTO LAW on April 4. | January 14, 2019-May 11, 2019 |
Arkansas | 1. HB 1494 would bar imposition of the death penalty on a defendant with severe mental illness. 2. HB 1520 would limit the choices for a condemned prisoner’s last meal to the food being served in the prison on the day of the execution. 3. SB 464 would conceal from the public information relating to execution drug suppliers and the execution process and make it a felony to reckless disclose any such information. 4. HB 1792 alters the procedure for determining mental competency to be executed. When a prisoner raises a competency challenge, the Director of the Department of Correction holds a hearing and makes a determination of the prisoner’s competency. | 1. Introduced February 18, 2019 and referred to the House Judiciary Committee, where it was defeated by a vote of 11 – 5 on March 7. 2. Introduced February 20, 2019 and referred to the House Judiciary Committee. 3. Introduced March 4, 2019 and referred to the Senate Judiciary Committee, where it PASSED by a vote of 5 – 3 on March 6. The bill PASSED the full Senate by a vote of 25 – 9 on March 11 and was introduced in the House and referred to the House Judiciary Committee the same day. On April 2, the committee recommended that the bill PASS, and the bill PASSED the full House by a vote of 71 – 16 on April 3. Governor Asa Hutchinson SIGNED ACT 810 INTO LAW on April 9. 4. Introduced March 12, 2019. Passed the House Judiciary Committee on March 19. PASSED the House 90 – 10 on March 20. PASSED the Senate 34 – 0 with one abstention on March 27. Governor Asa Hutchinson SIGNED ACT 615 INTO LAW on March 29. | January 14, 2019-May 2, 2019 |
California* | 1. ACA 12 would amend the California constitution to provide that “The death penalty shall not be imposed as a punishment for any violations of law.” 2. AB-580 would amend the procedures for commutations of death sentences, requiring that the governor notify victims’ families and allowing victims’ families to request a public hearing before a commutation is granted. A commutation would not go into effect until at least 30 days after such a hearing. 3. AB 1798 would create the California Racial Justice Act, allowing prisoners to challenge their death sentences using statistical evidence of racial bias in the application of the death penalty or jury selection. 4. SCR 38 would condemn Governor Gavin Newsom’s imposition of a moratorium on the death penalty and request that the state Attorney General continue pursuing executions. | 1. Introduced March 13, 2019. 2. Referred to Committee on Public Safety, Feb. 25, 2019. Amended by author on April 1 and re-referred to committee on April 2. 3. Introduced February 22, 2019. Referred to Committee on Public Safety, March 21. Passed Committee 6 – 1 on April 24. 4. Introduced April 8, 2019. | December 3, 2018-November 30, 2020 |
Colorado* | SB 19 – 182 would repeal the death penalty. | Introduced March 4, 2019 and referred to the Senate Judiciary Committee. The committee conducted a hearing on the bill on March 6 and voted 3 – 2 to PASS the bill. After several postponements of a floor vote, proponents of the bill announced on April 2 that they were withdrawing it from consideration during the current legislative session. | January 4, 2019-May 11, 2019 |
Connecticut | 1. HB 5218 and HB 5225 would restore the death penalty. 2. HB 5632 would reinstate the death penalty. 3. SB 494 would reinstate the death penalty for the crime of murder with special circumstances. | 1. Introduced January 11, 2019, referred to Joint Committee on Judiciary. 2. Introduced January 18, 2019, referred to Joint Committee on Judiciary. 3. Introduced January 24, 2019, referred to Joint Committee on Judiciary. | January 9, 2019-June 8, 2019 |
Delaware | HB 165 would restore a limited version of Delaware’s death penalty, require the jury to unanimously find each aggravating circumstance and to unanimously find that the aggravating circumstances outweigh mitigating circumstances beyond a reasonable doubt; and, where a defendant alleges ineligibility for capital punishment because of intellectual disability, require the defendant to prove his or her intellectual disability by clear and convincing evidence. | Introduced May 16, 2019 and referred to the House Judiciary Committee. | January 8, 2019-June 30, 2019 |
Florida* | 1. SB 472/HB6013 would abolish the death penalty. 2. HB 6021 deletes requirement that person convicted & sentenced to death pursue all possible collateral remedies in state court in accordance with specified rules. | 1. SB 472 was filed January 24, 2019 and referred to the committees on criminal justice and appropriations. HB 6013 was filed January 15, 2019 and referred to the Judiciary Committee. 2. Filed January 25, 2019 and referred to Judiciary Committee. First reading March 5. | March 5, 2019-May 3, 2019 |
Georgia* | 1. HB 267 would bar the death penalty in cases in which the only evidence of guilt is the testimony of a single eyewitness. 2. HB 702 would repeal the death penalty and resentence those currently on death row to life without parole. | 1. Introduced on February 12, 2019. 2. Introduced on March 28, 2019 and referred to the House Judiciary Non-Civil Committee. | January 14, 2019-March 20, 2020 |
Idaho | January 7, 2019-March 30, 2019 | ||
Illinois | 1. HB 2035, SB 1444, SB 1487, and SB 2109 reinstate the death penalty and create regulations for representation and funding. 2. HB 3164 reinstates the death penalty for murder of a police officer, firefighter, or multiple victims. | 1. HB 2035 filed February 1, 2019, first reading February 4, referred to Rules Committee. SB 1444 filed February 13, referred to Assignments. SB 1487 filed February 13, referred to Assignments. SB 2109 filed February 15, referred to Assignments. 2. Filed February 15, 2019. | January 9, 2019-January 6, 2021 |
Indiana* | SB 301 would abolish the death penalty and resentence those currently on death row to life without possibility of parole. | Introduced on January 7, 2019 and referred to the Senate Committee on Corrections and Criminal Law. | January 3, 2019-April 21, 2019 |
Iowa | 1. SF 296 and SF 588 would reinstate the death penalty for the crime of kidnapping, rape, and murder of a minor. 2. HF 62 would reinstate the death penalty for first degree murder. | 1. SF 296 introduced February 19, 2019. Referred to Judiciary Committee. A subcommittee of the Judiciary Committee voted 3 – 2 on February 27 to recommend passage of the bill. The Judiciary Committee PASSED the bill on March 7 by a vote of 8 – 7. The bill died after failing to meet the April 5 “second funnel” deadline for approval by committees in both Houses of the legislature. SF 588 is a later version of the same bill. 2. Introduced January 23, 2019. Referred to Judiciary Committee. | January 14, 2019-April 21, 2020 |
Kansas* | 1. HB 2282 and SB 21 would abolish the death penalty. 2. SB 95 would require the board of healing arts and board of pharmacy to be involved in decisions related to lethal-injection protocols. 3. SB 96 would require annual inspections of the execution chamber. | 1. SB 21 was introduced on January 17, 2019 and referred to the Committee on Judiciary. HB 2282 was introduced on February 12, 2019 and referred to the Committee on Corrections and Juvenile Justice, which conducted a hearing on the bill on February 19. The committee voted 7 – 6 on February 22 to defeat the bill. 2. Introduced February 5, 2019 and referred to the Committee on Judiciary. 3. Introduced February 5, 2019 and referred to the Committee on Judiciary. | January 14, 2019-April 21, 2020 |
Kentucky* | 1. SB 17 would exempt people with serious mental illness from execution. 2. HB 115 would abolish the death penalty and convert all current death sentences to sentences of life without parole. | 1. Prefiled August 31, 2018. Reported favorably by the Senate Judiciary Committee, February 7, 2019. Sent to Rules Committee, February 8, 2019. Recommitted to the Judiciary Committee, March 1, 2019. 2. Introduced January 8, 2019 and referred to House Judiciary Committee on January 10. | January 8, 2019-March 30, 2019 |
Louisiana* | 1. HB 215 would abolish the death penalty for offenses committed on or after August 1, 2019. 2. SB 112 would amend the state constitution to abolish the death penalty for crimes committed on or after January 1, 2020. 3. HB 258 would make secret the source of Louisiana’s execution drugs. | 1. Prefiled March 27, 2019. Referred to the Committee on Administration of Criminal Justice. 2. Prefiled March 27, 2019. Referred to the Committee on Judiciary. Reported with amendments, April 30. FAILED to pass Senate on May 6 by a vote of 13 – 25. 3. Prefiled March 27, 2019. Referred to the House Committee on Administration of Criminal Justice where it PASSED by a vote of 12 – 0 on May 1. It was then recommitted to the Committee on House and Governmental Affairs, where it PASSED 8 – 2 on May 7. The bill PASSED the full House by a vote of 68 – 31 on May 21, and advanced for consideration by the State Senate. The bill was referred to the Senate Committee on Judiciary B (Criminal Law) on May 22. The Committee REJECTED the bill 3 – 2 on May 28. | April 8, 2019-June 6, 2019 |
Maryland | SB 295 would reinstate the death penalty for the murder of a police officer or first responder. | Introduced January 29, 2019. Hearing February 12. | January 9, 2019-April 10, 2019 |
Massachusetts | 1. H 1387 would reinstate the death penalty. 2. H 3773 would reinstate the death penalty for the killing of law enforcement officers. | 1. Referred to the committee on the Judiciary, January 22, 2019. 2. Referred to the committee on the Judiciary, May 13, 2019. Hearing held October 8, 2019. | January 2, 2019-January 7, 2021 |
Mississippi | 1. SB 2149 would eliminate the death penalty for people who are intellectually disabled. (Intellectually disabled offenders are ineligible for the death penalty under the U.S. Supreme Court’s 2002 ruling in Atkins v. Virginia.) Where intellectual disability has been raised as a defense, it would require a unanimous finding by the jury that the defendant was not intellectually disabled before a death penalty could be imposed. 2. HR 8 would apologize for Mississippi’s role in the lynching of Emmett Till and the acquittal of his killers. 3. SB 2212 would add murders committed in schools or places of worship as capital crimes. | 1. Referred to Senate Judiciary Committee on January 14, 2019. Died in committee, February 5. 2. Referred to Rules Committee on January 15, 2019. Died in committee, March 29. 3. Referred to Judiciary Committee on January 15, 2019. Died in committee, February 5. | January 8, 2019-March 30, 2019 |
Missouri* | 1. SB 462/HB 353 would exempt people with serious mental illness from the death penalty. 2. SB 32/HB 64/HB 1208 would repeal the death penalty. 3. SB 288 would eliminate the provision that allows a judge to impose a death sentence if a jury does not reach a unanimous sentencing decision. | 1. SB 462 first read February 27, 2019 and referred to the Senate Judiciary and Civil and Criminal Jurisprudence Committee on March 11. The committee conducted a hearing on the bill on April 16. HB 353 prefiled December 19, 2018, referred to Committee on Health and Health Policy. The committee conducted a hearing on April 29. 2. SB 32 prefiled December 1, 2018. First read January 9, 2019. Second read January 17, referred to General Laws Committee. HB 64 prefiled December 3, 2018. First reading January 9, 2019. Second reading January 10. HB 1208 introduced February 28, 2019. Second reading March 1. 3. First read January 23, 2019. Referred to Judiciary and Civil and Criminal Jurisprudence Committee, which held a hearing on April 16. | January 9, 2019-May 31, 2019 |
Montana* | 1. HB 350 would abolish the death penalty and replace it with life without parole. 2. HB 338 would require indisputable DNA or video proof of a person’s guilt in a capital crime before the defendant could be sentenced to death. | 1. Introduced on January 31, 2019 and referred to the House Judiciary Committee, which held a hearing on the bill on February 18. On a straight party-line vote, the committee voted 11 – 8 to TABLE the bill. All 11 Republicans voted to table the bill; all 8 Democrats voted to keep the bill under active consideration. 2. The House Judiciary Committee voted 15 – 4 on February 18 to reject the bill. | |
Nebraska* | 1. LB 44 would eliminate the death penalty as a punishment for first-degree murder. 2. LB 207 would establish a Death Penalty Defense Standards Advisory Council to examine the current capital defense system in Nebraska and develop guidelines and standards for capital defense representation. 3. LB 238 would change provisions relating to witnessing executions to make executions more transparent. 4. LB472 would authorize Gage County to levy a 0.5% sales tax to raise revenue to help pay the $28.1 million judgment against the county in the “Beatrice Six” wrongful conviction case. | 1. Introduced on January 10, 2019 and referred to the Judiciary Committee on January 14. The Committee conducted a hearing on the bill on March 7 and on March 15 voted 5 – 2 to advance the bill to the full Senate. 2. Introduced on January 11, 2019 and referred to the Judiciary Committee on January 15. The Committee conducted a hearing on the bill for March 7. 3. Introduced on January 14, 2019 and referred to the Judiciary Committee on January 16. The Committee conducted a hearing on the bill for March 7. 4. Introduced on January 18 and referred to the Revenue Committee on January 23. It was designated a priority bill and placed on the legislature’s “general file” on March 20 for consideration by the full unicameral legislature. It received a favorable 40 – 1 vote on first consideration on April 5, the initial stage of legislative approval. An amendment to require a county referendum before the county could impose the sales tax was defeated by a vote of 22 – 9 on April 10. On April 18, the bill PASSED by a vote of 43 – 6. It was VETOED by the Governor on April 24, 2019, but the legislature OVERRODE THE VETO on April 30 by a vote of 41 – 8. | January 9, 2019-April 15, 2020 |
Nevada* | AB 149 was introduced on February 15, 2019 and referred to the House Judiciary Committee. On April 13 the bill died in committee when the time limit for action on the bill expired. SB 246 was introduced on March 1, 2019 and referred to Committee on Judiciary. Died on April 13. | February 4, 2019-June 4, 2019 | |
New Hampshire* | HB 455 would prospectively abolish the death penalty. The bill does not apply to the one prisoner on the state’s death row. | Introduced on January 3, 2019 and referred to the House Committee on Criminal Justice and Public Safety, which conducted a hearing and heard testimony from more than 90 witnesses on the bill on February 19. By a vote of 11 – 6, the committee voted to PASS the bill. PASSED the House of Representatives 279 – 88 on March 7, 2019. Introduced in the state senate on March 14 and referred to the Senate Judiciary Committee on March 19. After conducting a hearing on March 26, the committee voted 4 – 1 on April 2 to PASS the bill. PASSED the Senate 17 – 6 on April 11. The bill was signed by the Senate President and delivered to the governor on May 1. Governor Chris Sununu VETOED the bill on May 3. The House voted 247 – 123 on May 23 to OVERRIDE the veto. The Senate completed the repeal of the death penalty on May 30, voting 16 – 8 vote to OVERRIDE the veto. New Hampshire is the 21st state to abolish the death penalty. | January 2, 2019-June 30, 2019 |
New Jersey | 1. A 1379/A 1391/A 2867/A 3599/S 539/S 2064/S 2186 would reinstate the death penalty. 2. ACR 82 proposes a constitutional amendment to restore the death penalty. | 1. No version of the bill has advanced out of committee. 2. Introduced January 9, 2018. Referred to Assembly Judiciary Committee. | January 9, 2018-January 7, 2020 |
New York | 1. A 6114 would reinstate the death penalty. 2. A 7222/S 4320/S 1995/A 6822 would formally remove the death penalty from New York law. | 1. Referred to Codes, February 28, 2019. 2. A 7222 referred to Codes, April 12, 2019. S 4320 referred to Codes March 7, 2019. S 1995 referred to Codes January 18, 2019. A 6822 referred to Codes March 20, 2019. | January 9, 2019-January 6, 2021 |
North Carolina | 1. HB 587 would repeal the death penalty. 2. SB 668 prohibits the death penalty for defendants with “severe mental disability” at the time of the crime.“Severe mental disability” is defined as “any mental disability or defect that significantly impairs a person’s capacity to do any of the following: (i) appreciate the nature, consequences, or wrongfulness of the person’s conduct in the criminal offense, (ii) exercise rational judgment in relation to the criminal offense, or (iii) conform the person’s conduct to the requirements of the law in connection with the criminal offense.” | 1. Filed April 3, 2019. Referred to Committee on Judiciary. 2. Filed April 3, 2019. Referred to Committee on Rules and Operations. | January 16, 2019-June 30, 2020 |
Ohio | HB 136/SB 54 would prohibit the death penalty for defendants with serious mental illness. | HB 136 introduced March 19, 2019, referred to Criminal Justice Committee. SB 54 introduced February 19, 2019, referred to Judiciary Committee. PASSED in committee by a vote of 11 – 1 on May 30, 2019. The bill PASSED the full House by a vote of 76 – 17 on June 5. | January 7, 2019-December 31, 2020 |
Oklahoma | February 5, 2019-May 25, 2020 | ||
Oregon | 1. HB 3268 and SB 1013 would redefine aggravated murder to limit future application of the death penalty to certain acts of terrorism resulting in the deaths of two or more people and resentence those currently on death row to terms of life imprisonment without possibility of parole. 2. HB 3269 would remove future dangerousness as factor the jury may consider in deciding whether to impose the death penalty, require proof beyond a reasonable doubt that a defendant should be sentenced to death, and establish procedures for resentencing those currently on death row to life imprisonment without possibility of parole. 3. SB 461 would direct the Oregon Criminal Justice Commission to study the imposition of the death penalty and present a report to the legislature by September 15, 2020. | 1. HB3268 was introduced on March 4, 2019. SB 1013 was introduced on March 4, 2019 and referred to the Senate Judiciary Committee on March 6. The committee conducted a public hearing on the bill on April 1. At a work session on April 8, the Senate version of the bill was amended. Under the amended bill, capital crimes include terrorism, murder committed by a prisoner who had been previously convicted of murder, and murder of a victim under 14 years old. The amended version PASSED committee on May 17. The bill PASSED the full Senate by a vote of 18 – 9 on May 21 and advanced to the House for its consideration. On May 28, the bill was referred to the House Rules Committee. The Rules Committee adopted an amendment on June 18 that added murder of a police officer or other law enforcement official as a capital crime. The House PASSED the amended bill on June 19 by a vote of 33 – 26. On June 29, the Senate CONCURRED in the House amendments and RE-PASSED the bill by a vote of 17 – 10. Governor Kate Brown SIGNED the bill on August 1, 2019. 2. Introduced on March 4, 2019. 3. Introduced on January 14, 2019. Referred to Judiciary Committee, January 16. | January 14, 2019-June 30, 2019 |
Pennsylvania* | 1. HB 577 would allow a sentence of death if at least 11 jurors find an aggravating circumstance and no mitigating circumstance. 2. SB 848 would prohibit imposition of the death penalty and make murder in the first degree punishable only by a sentence of life without parole. | 1. Referred to Judiciary Committee, February 28, 2019. 2. Introduced on September 5, 2019 and referred to the Senate Judiciary Committee. | January 1, 2019-November 30, 2020 |
South Carolina* | 1. H 3301 & S 0176 would make electrocution the default method of execution, but would allow prisoners to select execution by lethal injection if lethal injection is available. It also adds firing squad as a backup method of execution. 2. H 3354 would prevent disclosure of identities of members of the execution team, including providers of lethal-injection drugs or medical supplies. 3. S 0047 would abolish the death penalty and life without parole for juvenile offenders. (Juvenile offenders are ineligible for the death penalty under the U.S. Supreme Court’s 2005 ruling in Roper v. Simmons.) 4. S 0058 would abolish the death penalty. | 1. H 3301 prefiled and referred to the House Committee on Judiciary, December 18, 2018. S 0176 prefiled and referred to the Senate Committee on Corrections and Penology, December 12, 2018. PASSED the Senate by a vote of 26 – 13 on January 30, 2019 and advanced to consideration by the House. It was referred to the House Judiciary Committee on January 31. The House Criminal Laws subcommittee passed the bill on April 25. 2. Prefiled and referred to the Committee on Judiciary, December 18, 2018. It was formally introduced and referred to committee on January 8, 2019. 3. Prefiled and referred to the Committee on Judiciary, December 12, 2018. It was formally introduced and referred to committee on January 8, 2019. 4. Prefiled and referred to the Committee on Judiciary, December 12, 2018. It was formally introduced and referred to committee on January 8, 2019. | January 8, 2019-June 8, 2020 |
South Dakota | SB 71 would prohibit capital punishment of any person with severe mental illness. | Introduced on January 23 and referred to the Senate Judiciary Committee. After a hearing on February 7, the Committee voted 4 – 3 to defeat the bill. The bill was recalled from committee on February 11 and on February 12 passed for consideration by the full House by a vote of 5 – 2. The full Senate voted 21 – 12 on February 13 to DEFEAT the bill. | January 8, 2019-March 29, 2019 |
Tennessee | 1. HB 0705/SB 1368 would add the sale or distribution of opiates with the intent and premeditation to commit murder as an aggravating circumstance for the imposition of the death penalty or life without parole. 2. SB 0031 and HB 1455/SB 1124 would abolish the death penalty for defendants with severe mental illness. 3. HB 0258/SB 0400 would remove the appeal to the court of criminal appeals in death penalty cases and provide for automatic direct review by the Tennessee supreme court. | 1. Referred to Senate Judiciary Committee on February 11, 2019. PASSED the House by a vote of 93 – 0 on April 10. PASSED the Senate by a vote of 31 – 0 on April 15. SIGNED by the governor on April 30, effective July 1, 2019. 2. SB 31 introduced January 11, 2019, referred to Senate Judiciary Committee. WITHDRAWN February 12, 2019. HB1455/SB1124 were introduced February 6, 2019. HB1455 was referred to the House Judiciary Committee on February 11 and assigned to the Criminal Justice Subcommittee on February 13. It was favorably reported out of subcommittee on March 13. SB1124 was referred to Senate Judiciary Committee on February 11, 2019. 3. SB 0400 introduced January 31, 2019, referred to Senate Judiciary Committee. PASSED committee February 26. HB 0258 introduced January 29, 2019, referred to Judiciary — Government Operations Committee, Constitutional Protections & Sentencing Subcommittee. PASSED the House 73 – 22 on March 18. SIGNED INTO LAW April 9 by Governor Bill Lee. | January 8, 2019-May 8, 2020 |
Texas* | 1. SB 294/HB 246/HB336 would abolish the death penalty. 2. HB 221 would change the standards for attorneys representing indigent defendants in capital cases. 3. SB 246 changes the membership of the capital and forensic writs committee and gives it greater independence from the judiciary. 4. HB 1139 and SB 418 would provide a statutory definition of intellectual disability for purposes of exemption from capital prosecution. The bills define intellectual disability according to prevailing medical standards and establish pretrial procedures for a judicial determination of whether the defendant is intellectually disabled. 5. HB 1030 would require jury unanimity in any penalty-phase special issues finding that could subject a defendant to the death penalty. SB 716 also would permit the court or the parties to inform the jury or prospective jurors of the effect of the jury not reaching agreement on any of the special issues submitted to the jury during the penalty phase of trial. 6. SB 714 would expand the definition of capital murder to include the murder of emergency medical services personnel. 7. HB 1936 would exempt people with severe mental illness from the death penalty. 8. SB 929/HB 4113 would eliminate the death penalty for people convicted under the law of parties. 9. HB 261 would make the murder of anyone under age 15 eligible for the death penalty, raising the age from 10 to 15. 10. HB 1573 would add murder of emergency medical services personnel to the list of crimes eligible for the death penalty. 11. HB 3938/SB 1554 would include the views of victims’ family members in the factors to be considered in capital sentencing decisions. | 1. Senate version filed January 3, 2019 and referred to the Senate Criminal Justice Committee on February 7, 2019. House Bill 246 filed November 12, 2018. House Bill 336 filed November 13, 2018. 2. Filed November 12, 2018. Referred to the Senate Criminal Justice Committee on February 7, 2019. 3. Filed December 14, 2018. Referred to the Senate Criminal Justice Committee on February 7, 2019. 4. The Senate version of the bill was filed January 23, 2019 and referred to the Senate Criminal Justice Committee on February 14. The House version was filed January 28, 2019. A hearing was held in House Criminal Jurisprudence Committee on March 18 and the bill PASSED in committee on March 25. The bill PASSED the full House by a vote of 102 – 37 on April 20. The bill was referred to the Senate Criminal Justice Committee on May 1. It was substituted in committee on May 17 with a bill that eliminated the pretrial judicial determination of intellectual disability, and the substituted version of the bill was approved in committee. The full Senate PASSED the substitute bill on May 22. On May 24, the House REFUSED TO CONCUR with the senate version of the bill and a conference committee was appointed. 5. The House version of the bill was filed January 23, 2019. The Senate version was filed February 8, 2019. 6. Filed February 8, 2019. 7. Filed February 19, 2019. Read first time and referred to Criminal Jurisprudence Committee on March 5. Passed Committee 5 – 3 on April 5. PASSED the House on May 9 by a vote of 77 – 66. 8. Filed February 20, 2019. Read first time and referred to Criminal Justice Committee on March 1. 9. SB 929 filed November 12, 2018. Referred to Committee on Criminal Jurisprudence on February 19, 2019. Public hearing April 1, 2019. HB 4113 filed March 7, 2019. Referred to Committee on Criminal Jurisprudence on March 25. 10. Filed February 11, 2019. Referred to Committee on Criminal Jurisprudence on March 4. Public hearings held April 1 and April 25. Reported favorably from committee, 5 – 4, April 25. 11. HB 3938 filed March 7, 2019. Referred to Committee on Criminal Jurisprudence on March 21. Public hearing held April 15. SB 1554 filed March 5, 2019. Referred to Committee on Criminal Justice, March 14. | January 8, 2019-May 27, 2019 |
Utah | January 28, 2019-March 14, 2019 | ||
Virginia | SB 1137 would exempt people with serious mental illness from the death penalty. | 1. Prefiled December 30, 2018. PASSED Senate Courts of Justice Committee (8 – 6) on January 14, 2019. PASSED Senate (23 – 17) on January 17, 2019. Referred to the House Committee for Courts of Justice on January 21, 2019. | January 9, 2019-March 9, 2019 |
Washington | 1. SB 5339/HB 1488 would remove the death penalty from Washington’s laws, bringing it in line with the 2018 Washington Supreme Court ruling striking down the death penalty. 2. SB 5364/HB 1709 would reinstate the death penalty for people who commit murder while incarcerated. | 1. SB 5339 introduced on January 17, 2019 and referred to the Senate Committee on Law & Justice. After a public hearing on February 5, the bill Passed the committee on February 7 with 4 – 1 recommendation, 2019. The bill PASSED the State Senate on February 15 by a vote of 28 – 19. It was referred to the House Committee on Public Safety on February 18, which conducted a public hearing on the bill on March 25 and voted to PASS the bill on April 1. HB 1488 introduced on January 23, 2019 and referred to the Committee on Public Safety. 2. SB 5364 introduced January 18, 2019 and referred to Law & Justice Committee. HB 1709 introduced on January 29, 2019 and referred to Committee on Public Safety. | January 14, 2019-April 28, 2019 |
West Virginia | 1. HB 2033 would reinstate the death penalty and establish lethal injection as the method of execution. 2. HB 2712 would reinstate the death penalty. | 1. Introduced January 9, 2019 and referred to House Judiciary Committee. 2. Introduced January 29, 2019 and referred to House Judiciary Committee. | January 8, 2019-March 9, 2019 |
Wyoming* | HB 145 would repeal the death penalty and replace it with a maximum sentence of life without parole. | Introduced January 15, 2019 and referred to House Committee on Labor, Health & Social Services, where it Passed by a vote of 5 – 4 on January 24. On January 31, it PASSED the House on second reading and received FINAL PASSAGE in the House by a vote of 36 – 21 on February 1. Referred to Senate Judiciary Committee on February 5, where it Passed by a vote of 4 – 0 on February 13. The bill was DEFEATED in the full Senate on February 14 by a vote of 18 – 12. | January 8, 2019-March 9, 2019 |
Federal* | 1. HR 99 would provide additional aggravating factors for the imposition of the death penalty based on the status of the victim. 2. HR 4022 (Federal Death Penalty Abolition Act) would abolish the federal and military death penalty, and commute existing federal and military death sentences to life without parole. 3. HR 4052 would abolish the federal death penalty and provides for resentencing of those currently sentenced to death. | 1. Introduced January 3, 2019. 2. Introduced July 25, 2019. Referred to Committee on Judiciary and Committee on Armed Services. 3. Introduced on July 25, 2019. Referred to Committee on Judiciary. | January 3, 2019-October 30, 2020 |
Additional resources: The National Conference of State Legislatures webpage on recent enactments of death penalty laws (2015 — 2017).
^Some states carry over bills between years, while others start anew each year. The dates listed may include multiple legislative sessions in which bills can be carried over.