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 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 |
| 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. | 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/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. |
| 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. 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 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. Referred to Judiciary and Rules on March 6. |
| 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. |
| 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 | 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. |
| 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). |
| LOUISIANA (Session dates: 04/10/2023 - 06/08/2023) | ||
|---|---|---|
| Bill number | Bill Description | Status |
| 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. |
| 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 |
| 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) |
| NEW YORK (Session dates: 01/04/2023 - 01/02/2025) | ||
|---|---|---|
| Bill number | Bill Description | Status |
| SO1271 | 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 |
| NORTH CAROLINA (Session dates: 1/11/2023 - 06/30/2024) | ||
|---|---|---|
| Bill number | Bill Description | Status |
| OHIO (Session dates: 01/02/2023 - 12/31/2024) | ||
|---|---|---|
| Bill number | Bill Description | Status |
| OKLAHOMA (Session dates: 02/06/2023 - 05/25/2024) | ||
|---|---|---|
| Bill number | Bill Description | Status |
| 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 committee on January 10, 2023. On February 2, 2023, passed committee. |
| 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 | 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 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). HB 142 filed November 14, 2022 by Rep. Joe Moody (D) |
| HB 727 | Would prohibit the death penalty for defendants with severe mental illness | Filed November 16, 2022 by Rep. Toni Rose (D) |
| 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) |
| 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) |
| 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) |
| 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. |
| 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 |
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…
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…
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 …
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…
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…
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…
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…
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
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,
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…
