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 |
| 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. |
| 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 |
| 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. |
| OKLAHOMA (Session dates: 02/06/2023 - 05/25/2024) | ||
|---|---|---|
| Bill number | Bill Description | Status |
| 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. In committee upon adjournment on June 25. |
| 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. In committee upon adjournment on June 25. |
| 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. In committee upon adjournment on June 25. |
| 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 - 10/30/2024 est.) | ||
|---|---|---|
| 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…
Read MoreNews & Developments
Recent Legislative Activity
Sep 12, 2023
Ohio General Assembly Resumes Bipartisan Efforts to Abolish the Death Penalty
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 puni…
Recent Legislative Activity
Jul 20, 2023
Judge Rules Tennessee Statute Which Expands Attorney General Authority in Death Penalty Cases is Unconstitutional
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 …
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…
