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Facts & Research

Recent Legislative Activity

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

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

(Left: A board displays the vote totals in the Virginia Senate, which passed a bill to abolish the death penalty by a 21-17 vote on February 4, 2021.)

2021 - Proposed legislation
States with bills to abolish death penalty indicated with *

Session dates via StateScape

ARKANSAS (Session dates: 01/11/2021 - 04/24/2021)
Bill numberBill DescriptionStatus
SB 28

Would make rape of a child a capital offense

Filed December 31, 2020, referred to Judiciary Committee.
SB 29Would make trafficking of fentanyl a capital offenseFiled December 31, 2020, referred to Judiciary Committee.
SB 284Would create the crime of “capital rape,” making the rape of someone under age 14 punishable by death. This law would violate the U.S. Supreme Court’s 2008 decision Kennedy v. Louisiana, which barred the death penalty for crimes against an individual in which the victim did not die.Filed February 3, 2021, referred to Judiciary Committee.
ARIZONA* (Session dates: 01/11/2021 - 05/28/2021)
Bill numberBill DescriptionStatus
SB 1548

Would change capital sentencing law to state that a trier of fact “may” impose a death sentence if they find aggravating factors outweigh mitigating factors, instead of saying they “shall” impose a death sentence

Introduced February 1, 2021. Referred to Rules and Judiciary Committees.
SB 1695Would repeal the death penaltyIntroduced February 3, 2021. Referred to Rules and Judiciary Committees.
SB 1696Would prohibit the death penalty for defendants with serious mental illnessIntroduced February 1, 2021. Referred to Rules and Judiciary Committees.
CALIFORNIA* (Session dates: 12/07/2020 - 11/30/2022)
Bill numberBill DescriptionStatus
ACA 2Would amend the California constitution to prohibit the death penalty from being imposed as a punishment for any violations of law.Read first time December 7, 2020.
CONNECTICUT (Session dates: 01/06/2021 - 06/03/2021)
Bill numberBill DescriptionStatus
HB 5370/SB 322Would reinstate the death penalty.Referred to Joint Committee on Judiciary.
FLORIDA* (Session dates: 01/04/2021 - 04/23/2021)
Bill numberBill DescriptionStatus
SB 568/HB 6019Would abolish the death penalty.SB 568 filed January 12, 2021 and referred to Committees on Criminal Justice, Appropriations Subcommittee on Criminal and Civil Justice, and Appropriations. HB 6019 filed January 11, 2021 and referred to Judiciary Committee, Criminal Justice & Public Safety Subcommittee and Justice Appropriations Subcommittee.
INDIANA (Session dates: 01/04/2021 - 04/23/2021)
Bill numberBill DescriptionStatus
HB 1165Would make murder committed by a law enforcement officer acting within the scope of the officer’s duty an aggravating circumstance permitting imposition of the death penalty.First reading and referred to Committee on Courts and Criminal Code, January 7, 2021
SB 252Would provide that a person may not be sentenced to death unless: (1) the victim is a specified public safety officer and certain other circumstances apply; or (2) the person commits murder against two or more victims, and would reduce death sentences to life without parole for those sentenced to death for other crimesFirst reading and referred to Committee on Judiciary, January 11, 2021. PASSED committee by a vote of 8-0 on February 4.
IOWA (Session dates: 01/11/2021 - 05/31/2022)
Bill numberBill DescriptionStatus
SF 82/SSB 1004/HF 271Would reinstate the death penalty for murder in the first degree involving kidnapping and sexual abuse offenses against the same victim who is a minorIntroduced January 14, 2021 and referred to Judiciary Committee
KANSAS* (Session dates: 01/11/2021 - 05/27/2022)
Bill numberBill DescriptionStatus
SB 136Would abolish the death penaltyIntroduced February 3, 2021 and referred to Judiciary Committee
HB 2300Would abolish the death penalty for crimes committed after July 1, 2021Introduced February 9, 2021 and referred to Committee on Corrections and Juvenile Justice
KENTUCKY* (Session dates: 01/05/2021 - 03/31/2021)
Bill numberBill DescriptionStatus
SB 60Would abolish the death penalty and resentence current death-row prisoners to life without paroleIntroduced January 5, 2021
MISSOURI* (Session dates: 01/06/2021 - 05/30/2021)
Bill numberBill DescriptionStatus
HB 50/HB 127Would abolish the death penalty and resentence death-row prisoners to life without parole.Prefiled December 1, 2020
HB 157Would create the Change of Venue for Capital Cases Fund to reimburse a county that receives a capital case from another county for costs associated with the sequestering of jurorsPrefiled December 1, 2020
HB 278Would prohibit the death penalty for defendants with serious mental illnessPrefiled December 1, 2020. Read first time January 6, 2021.
HB 462Would require that a life sentence be imposed if the sentencing jury does not unanimously agree to a death sentence, repealing a provision that treated a non-unanimous vote as a hung jury and allowed the trial judge to determine the sentence.Prefiled December 14, 2021. Read first time January 6, 2021.
MONTANA* (Session dates: 01/04/2021 - 04/28/2021)
Bill numberBill DescriptionStatus
HB 244Would change the lethal-injection law to allow execution by “an intravenous substance…sufficient to cause death.” Under current law, Montana may only use an ultra-fast-acting barbiturate in combination with a paralyticIntroduced January 26, 2021, referred to Judiciary Committee. Hearing was held February 3. PASSED the Judiciary Committee February 12 by a vote of 11-8. PASSED the full House February 16 by a vote of 56-44 and re-referred to the Appropriations Committee. Hearing was held February 17.
HB 335Would abolish the death penalty and replace it with life without possibility of paroleIntroduced February 8, 2021. Referred to Judiciary Committee February 9. Hearing was held February 23 and the bill was TABLED by a vote of 11-8.
NEW YORK (Session dates: 01/06/2021 - 01/01/2023)
Bill numberBill DescriptionStatus
AB 3741Would reinstate the death penaltyReferred to Codes on January 28, 2021
OKLAHOMA (Session dates: 02/01/2021 - 05/29/2022)
Bill numberBill DescriptionStatus
HB 2220Would create a Prosecutorial Disclosure Review Panel to review prosecution files and prosecutor conduct in death penalty casesFirst reading February 1, 2021, referred to Judiciary Committee.
SOUTH CAROLINA* (Session dates: 01/12/2021 - 06/15/2022)
Bill numberBill DescriptionStatus
S 52

Would abolish the death penalty

Prefiled and referred to Committee on Judiciary, December 9, 2020
S 200Would make electrocution the default method of execution, and alter the process by which prisoners may elect lethal injection as their method of executionPrefiled and referred to Committee on Corrections and Penology, December 9, 2020.
SOUTH DAKOTA (Session dates: 01/12/2021 - 03/29/2021)
Bill numberBill DescriptionStatus
SB 98

Would restrict the death penalty to first-degree murder of a police officer, corrections officer, or firefighter

First read and referred to Judiciary Committee, January 25, 2021. PASSED the Judiciary Committee 5-1 on February 4. FAILED in the Senate by a 13-20 vote on February 8.
TENNESSEE (Session dates: 01/12/2021 - 05/07/2021)
Bill numberBill DescriptionStatus
HB 1

Would allow a defendant who has been sentenced to the death penalty and whose conviction is final to petition the trial court for a determination of whether the defendant is ineligible for the death penalty due to intellectual disability

Filed for introduction, November 4, 2020
HB 47/SB 226Would make a defendant convicted of first degree murder eligible for the death penalty if the victim was rendering assistance to a person in need at the time of their deathHouse bill filed for introduction, December 16, 2020. Senate bill filed January 19, 2021.
TEXAS* (Session dates: 01/12/2021 - 05/28/2021)
Bill numberBill DescriptionStatus
HB 77

Would disallow the death penalty in cases relying only on the testimony of a single eyewitness

Filed November 9, 2020
HB 140Would prohibit the death penalty for defendants with serious mental illnessFiled November 9, 2020
HB 215/HB 354/SB 188Would abolish the death penaltyHouse bills filed November 9, 2020, Senate bill filed November 13, 2020.
HB 252/SB 189Would require jury unanimity in certain sentencing decisions that currently only require agreement among 10 jurorsHouse bill filed November 9, 2020, Senate bill filed November 13, 2020
HB 679Would alter the standards for counsel in capital casesFiled November 30, 2020
HB 838Would repeal Texas’ “law of parties” in capital cases, removing death eligibility for minor participants in capital crimesFiled December 15, 2020
HB 841

Would allow clemency hearings to be conducted by telephone or videoconference

Filed December 15, 2020
HB 869/SB 80Would update the procedure for determining intellectual disability in capital casesFiled December 17, 2020
VIRGINIA* (Session dates: 01/13/2021 - 02/13/2021)
Bill numberBill DescriptionStatus
HB 1779/SB 1165/HB 2263

Would abolish the death penalty and resentence current death-row prisoners to life without parole

House bill 1779 prefiled and referred to Committee for Courts of Justice, December 29, 2020. House bill 2263 introduced January 13, 2021. HB 1779 was incorporated into HB 2263. Subcommittee on Criminal Courts recommended reporting by a 6-2 vote on January 29, 2021. PASSED Committee on Courts of Justice by a 15-6 vote on February 3. PASSED the House by a vote of 57-41 on February 5.

Senate bill 1165 prefiled and referred to Committee on the Judiciary, January 8, 2021. PASSED the Committee on the Judiciary on January 18 by a 10-4 vote. Rereferred to the Committee on Finance and Appropriations. PASSED the Committee on Finance and Appropriations by a 12-4 vote on January 26. PASSED the Senate by a vote of 21-17 on February 3.

The Senate PASSED the House bill by a 22-16 vote and the House PASSED the Senate bill by a 57-43 vote on February 22. The bill goes to Governor Northam, who has pledged to sign it.

WASHINGTON* (Session dates: 01/11/2021 - 04/30/2022)
Bill numberBill DescriptionStatus
SB 5047

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.

Prefiled December 31, 2020. First reading January 11, 2021, referred to Committee on Law & Justice.
SB 5099Would reinstate the death penalty for people who commit murder while incarcerated.Prefiled January 7, 2021. First reading January 11, 2021, referred to Committee on Law & Justice.
U.S. FEDERAL GOVERNMENT* (Session dates: 01/03/2021 - 10/30/2022)
Bill numberBill DescriptionStatus
HR 72Would provide additional aggravating factors for the imposition of the federal death penaltyIntroduced January 4, 2021
HR 97/HR 262

Would abolish the federal death penalty

Introduced January 4, 2021

Virginia Legislature Votes to Abolish the Death Penalty

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 More

News & Developments


Feb 24, 2021

Virginia Death Penalty Repeal Bill Gains Final Legislative Approval, Moves to Governor’s Desk

Death-penal­ty repeal leg­is­la­tion in Virginia will move to Governor Ralph Northam’s desk, after both hous­es approved the bill passed ear­li­er in the ses­sion in the oppo­site cham­ber. Virginia’s leg­isla­tive rules required the House of Delegates to pas…

Virginia Death Penalty Repeal Bill Gains Final Legislative Approval, Moves to Governor’s Desk

Feb 23, 2021

Ohio Legislators Launch Bipartisan Effort to Repeal State’s Death Penalty

A bipar­ti­san group of leg­is­la­tors has announced the intro­duc­tion of a bill to repeal Ohio’s death penal­ty. In a vir­tu­al press con­fer­ence on February 18, 2021, four Republican and four Democratic leg­is­la­tors spoke about the lat­est effort to end cap…

Ohio Legislators Launch Bipartisan Effort to Repeal State’s Death Penalty

Feb 04, 2021

Virginia Senate Passes Bill to Abolish the Death Penalty

The Virginia Senate moved the com­mon­wealth one step clos­er to becom­ing the first Southern state to abol­ish cap­i­tal pun­ish­ment, vot­ing 21 – 17 on February 3, 2021 to approve a bill that would end the state’s death penal­ty and resente…

Virginia Senate Passes Bill to Abolish the Death Penalty

Jan 26, 2021

Former South Dakota Prosecutor and Judge Introduces Bill to Limit the State’s Death Penalty

A South Dakota state sen­a­tor who pre­vi­ous­ly served as a pros­e­cu­tor and a state court judge has intro­duced a bill to lim­it the breadth of the state’s death penal­ty statute. 

Former South Dakota Prosecutor and Judge Introduces Bill to Limit the State’s Death Penalty

Jan 25, 2021

Death Penalty Opponents Hold Vigils at Virginia Lynching Sites in Push for Abolition

As the Virginia General Assembly con­sid­ers leg­is­la­tion to abol­ish the death penal­ty, oppo­nents of cap­i­tal pun­ish­ment gath­ered at lynch­ing sites across the state to empha­size the his­tor­i­cal link between lynch­ings and exe­cu­tions. G…

Death Penalty Opponents Hold Vigils at Virginia Lynching Sites in Push for Abolition

Jan 20, 2021

Democratic Legislators Introduce Death Penalty Repeal Bills, Urge President Biden to Commute Federal Death Sentences

Democratic mem­bers of the U.S. House and Senate have called on incom­ing President Joe Biden (pic­tured) to take quick action on his cam­paign pledge to end the fed­er­al death penal­ty. Legislators intro­duced three bills to abol­ish the…

Democratic Legislators Introduce Death Penalty Repeal Bills, Urge President Biden to Commute Federal Death Sentences

Jan 15, 2021

Virginia Legislators Poised to Attempt Death Penalty Repeal as Governor Sponsors Abolition Bill

Legislators in the Virginia House and Senate are poised to attempt a repeal of its cap­i­tal pun­ish­ment statute, as Governor Ralph Northam (pic­tured) announced that he would spon­sor a bill to end the commonwealth’s …

Virginia Legislators Poised to Attempt Death Penalty Repeal as Governor Sponsors Abolition Bill

Jan 11, 2021

Ohio Bars Death Penalty for People with Severe Mental Illness

Ohio has banned the death penal­ty for defen­dants who were severe­ly men­tal­ly ill at the time of the offense. On January 9, 2021, Governor Mike DeWine (pic­tured) signed into law House Bill 136, which pro­hibits impos…

Ohio Bars Death Penalty for People with Severe Mental Illness

Sep 04, 2020

California Legislature Passes Racial Justice Package Affecting Death-Penalty Practices

In the clos­ing days of its 2020 leg­isla­tive ses­sion, the California leg­is­la­ture passed a trio of racial jus­tice reform bills expect­ed to reduce the influ­ence of racial, eth­nic, and socioe­co­nom­ic bias in the admin­is­tra­tion of the d…

California Legislature Passes Racial Justice Package Affecting Death-Penalty Practices

Aug 19, 2020

In Move Raising Race, Gender, and Political Issues, Missouri Governor Seeks Authority for Attorney General to Prosecute St. Louis Homicide Cases

In a polit­i­cal maneu­ver that fur­ther inject­ed issues of race, gen­der, and polit­i­cal dis­en­fran­chise­ment into local law enforce­ment pol­i­cy, Missouri’s Republican Governor Mike Parson has asked state law­mak­ers to grant Republican sta…

In Move Raising Race, Gender, and Political Issues, Missouri Governor Seeks Authority for Attorney General to Prosecute St. Louis Homicide Cases
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In This Section

  • Pre-2007 Legislation by Jurisdiction

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  • 2020 Legislation
  • 2019 Legislation
  • 2018 Legislation
  • 2017 Legislation
  • 2016 Legislation
  • 2015 Legislation
  • 2014 Legislation
  • 2013 Legislation
  • 2012 Legislation
  • 2011 Legislation

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