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.)
Open Sessions
Alabama
Regular: February 6, 2024 — May 7, 2024
Number(s) | Description | Events | Type | Status |
---|---|---|---|---|
|
Would prohibit the use of nitrogen hypoxia as an execution method. |
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Modifies Execution Protocol | Pending |
|
Prior to 2017, judicial override — the judge implementing a decision contrary to the jury’s recommendation — was permitted. This bill would allow defendants sentenced to death via judicial override to be resentenced. |
|
Modifies Sentencing Process | Pending |
Arizona
Regular: January 8, 2024 — April 26, 2024
Arkansas
Regular: January 8, 2024 — May 1, 2024
California
Regular: December 5, 2022 — November 30, 2024
Number(s) | Description | Events | Type | Status |
---|---|---|---|---|
|
Would codify case law exempting those with intellectual disability from the death penalty and clarify the definition of intellectual disability. |
|
Limits Death Eligibility | Pending |
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Would add murder of a child under age 12 as an aggravating circumstance |
|
Expands Aggravating Circumstances | Pending |
Delaware
Regular: January 10, 2023 — June 30, 2024
Number(s) | Description | Events | Type | Status |
---|---|---|---|---|
|
Would eliminate the death penalty and resentence those convicted of first-degree murder committed after 18 years of age to life without parole. |
|
Abolition Bill | Pending |
|
Would modify the state constitution to eliminate the death penalty. |
|
Abolition Bill | Pending |
Illinois
Regular: January 11, 2023 — January 5, 2025
Number(s) | Description | Events | Type | Status |
---|---|---|---|---|
|
Would allow the death penalty for murders committed in or on the grounds of a religious institution, public or private school, community college, college, university, child care facility, or a public place by someone at least 18 years of age. |
|
Reinstatement Bill | Pending |
Would reinstate the death penalty. |
|
Reinstatement Bill | Pending | |
|
Would reinstate the death penalty for first degree murder of a peace officer. |
|
Reinstatement Bill | Pending |
Iowa
Regular: January 9, 2023 — May 22, 2024
Number(s) | Description | Events | Type | Status |
---|---|---|---|---|
|
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. |
|
Expands Aggravating Circumstances | Pending |
|
Would reinstate the death penalty. |
|
Reinstatement Bill | Pending |
Kansas
Regular: January 9, 2023 — May 21, 2024
Number(s) | Description | Events | Type | Status |
---|---|---|---|---|
Would abolish the death penalty, create the crime of aggravated murder with a sentence of life imprisonment without parole |
|
Abolition Bill | Pending | |
|
Would authorize nitrogen hypoxia as an execution method and would require the district court to issue a warrant to the secretary of corrections to carry out a sentence of death. |
|
Modifies Execution Protocol | Pending |
Louisiana
Regular: March 11, 2024 — June 4, 2024
Number(s) | Description | Events | Type | Status |
---|---|---|---|---|
|
Modifies procedures relating to notifying and contacting victims. |
|
Other | Pending |
|
Modifies procedures relating to notifying and contacting victims. |
|
Other | Pending |
|
Would remove nitrogen hypoxia as an authorized method of execution. |
|
Modifies Execution Protocol | Pending |
Mississippi
Regular: January 2, 2024 — May 5, 2024
Missouri
Regular: January 3, 2024 — May 5, 2024
Number(s) | Description | Events | Type | Status |
---|---|---|---|---|
|
Would allow the death penalty for for the offenses of statutory rape in the first degree and sexual trafficking of a child in the first degree |
|
Expands Death Eligibility | Pending |
Would abolish the death penalty and replace it with a maximum sentence of life without parole |
|
Abolition Bill | Pending |
New York
Regular: January 4, 2024 — January 2, 2025
Number(s) | Description | Events | Type | Status |
---|---|---|---|---|
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. |
|
Modifies Sentencing Process | Pending | |
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. |
|
Reinstatement Bill | Pending | |
|
Provides that sentence for commission of certain provisions of murder in the first degree is death or life without parole. |
|
Reinstatement Bill | Pending |
|
Provides that the sentence for committing murder in the first degree when the victim is a police officer, peace officer or correction officer shall be either death or life imprisonment without parole |
|
Reinstatement Bill | Pending |
North Carolina
Regular: January 11, 2023 — June 30, 2024
Number(s) | Description | Events | Type | Status |
---|---|---|---|---|
|
Would repeal the death penalty and resentence those with death sentences to life without parole. |
|
Abolition Bill | Pending |
Ohio
Regular: January 2, 2023 — December 31, 2024
Number(s) | Description | Events | Type | Status |
---|---|---|---|---|
|
Would add nitrogen hypoxia as a method of execution; prisoners could elect to use the method, but nitrogen hypoxia would be used if lethal injection is unavailable. |
|
Modifies Execution Protocol | Pending |
Would abolish the death penalty. |
|
Abolition Bill | Pending |
Oklahoma
Regular: February 6, 2023 — May 25, 2024
Number(s) | Description | Events | Type | Status |
---|---|---|---|---|
|
Would establish the Death Penalty Moratorium Act, which would pause executions in the state until further legislative action. Would also establish the Death Penalty Reform Task Force to prepare a report by November 30, 2025 on the progress made since the 2017 Report of the Oklahoma Death Penalty Review Commission. |
|
Other | Pending |
Pennsylvania
Regular: January 3, 2023 — November 30, 2024
Number(s) | Description | Events | Type | Status |
---|---|---|---|---|
|
Would provide compensation and services to those wrongfully to victims of wrongful conviction and imprisonment in Pennsylvania. |
|
Wrongful Conviction Compensation Bill | Pending |
|
Would require jurors to unanimously find that aggravating circumstances outweigh mitigating circumstances beyond a reasonable doubt in order for a death sentence to be imposed. |
|
Modifies Sentencing Process | Pending |
|
Would repeal the death penalty. |
|
Abolition Bill | Pending |
South Carolina
Regular: January 10, 2023 — June 30, 2024
Number(s) | Description | Events | Type | Status |
---|---|---|---|---|
|
Would allow the death penalty for persons who commit criminal sexual conduct with a victim under eleven years of age and remove the repeat offender requirement; clarifies that both mitigating and aggravating factors apply. |
|
Expands Aggravating Circumstances | Pending |
|
Would conceal the identities of members of the execution team, including suppliers of lethal-injection drugs. |
|
Modifies Execution Protocol | Pending |
|
Would abolish the death penalty and all laws related to death-penalty procedure. |
|
Abolition Bill | Pending |
Tennessee
Regular: January 10, 2023 — April 26, 2024
Number(s) | Description | Events | Type | Status |
---|---|---|---|---|
Requires a person sentenced to the punishment of death to file any post-conviction appeal within 180 days of the original sentence and any unsuccessful direct appeal; requires the attorney general and reporter to notify the defendant and the defendant’s attorney when two or more appeals may be filed simultaneously. |
|
Modifies Appeals Process | Pending | |
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. |
|
Modifies Sentencing Process | Enacted | |
Would authorize the death penalty as a punishment for rape of a child, aggravated rape of a child, or especially aggravated rape of a child. |
|
Expands Aggravating Circumstances | Pending | |
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. |
|
Modifies Execution Protocol | Pending | |
Would provide firing squad as a method of execution. |
|
Modifies Execution Protocol | Pending |
U.S. Federal Government
Regular: January 3, 2023 — October 30, 2024
Sessions Closed This Year
Florida
Regular: January 9, 2024 — March 8, 2024
Georgia
Regular: January 9, 2023 — April 2, 2024
Number(s) | Description | Events | Type | Status |
---|---|---|---|---|
|
Would provide pretrial proceedings when the accused has an intellectual disability in capital offense cases where the death penalty is sought. |
|
Other | Session Closed Without Passage |
Idaho
Regular: January 8, 2024 — March 29, 2024
Number(s) | Description | Events | Type | Status |
---|---|---|---|---|
|
Would allow a capital sentence for lewd conduct with a minor under 12 if there are aggravating circumstances. |
|
Expands Aggravating Circumstances | Session Closed Without Passage |
|
Would make lewd conduct with a minor child under 12 years of age eligible for a death sentence. |
|
Expands Death Eligibility | Session Closed Without Passage |
Indiana
Regular: January 9, 2023 — March 8, 2024
Kentucky
Regular: January 2, 2024 — March 30, 2024
Number(s) | Description | Events | Type | Status |
---|---|---|---|---|
|
Would add abuse of a corpse of the victim of kidnapping or murder by engaging in deviate sexual intercourse, sexual intercouse, or sexual contact as an aggravating circumstance. |
|
Expands Aggravating Circumstances | Session Closed Without Passage |
|
Would abolish the death penalty and replace it with life imprisonment without parole for inmates presently sentenced to death |
|
Abolition Bill | Session Closed Without Passage |
|
Would include the intentional killing of a child under 12 as an aggravating factor in capital cases. |
|
Expands Aggravating Circumstances | Enacted |
|
Would abolish the death penalty and replace it with life without parole for current death-row prisoners sentenced to death. |
|
Retroactive Abolition Bill | Session Closed Without Passage |
|
Would include abuse of a corpse by deviate sexual intercourse, sexual intercourse, or sexual contact as an aggravating circumstance. |
|
Expands Aggravating Circumstances | Session Closed Without Passage |
|
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. |
|
Retroactive Abolition Bill | Session Closed Without Passage |
|
Would abolish the death penalty and replace it with life imprisonment without parole for prisoners presently sentenced to death; would prohibit life imprisonment without benefit of parole for a juvenile offender convicted of a capital offense; would define "serious intellectual disability" and "significant subaverage general intellectual functioning" |
|
Retroactive Abolition Bill | Session Closed Without Passage |
Louisiana
Special: February 19, 2024 — March 6, 2024
Number(s) | Description | Events | Type | Status |
---|---|---|---|---|
|
Would add nitrogen hypoxia and electrocution as alternative execution methods. Would also make records or information relating to the execution confidential. |
|
Modifies Execution Protocol | Enacted |
Nebraska
Regular: January 4, 2023 — April 18, 2024
Number(s) | Description | Events | Type | Status |
---|---|---|---|---|
|
Would change provision relating to persons present during an execution, including adding two members of the legislature as witnesses. |
|
Modifies Execution Protocol | Session Closed Without Passage |
|
Would add nitrogen hypoxia as a method of execution |
|
Modifies Execution Protocol | Session Closed Without Passage |
|
Proposes a constitutional amendment that would abolish the death penalty and resentence death-row prisoners to life |
|
Retroactive Abolition Bill | Session Closed Without Passage |
New Jersey
Regular: January 11, 2022 — January 13, 2024
Number(s) | Description | Events | Type | Status |
---|---|---|---|---|
Proposes constitutional amendment to restore the death penalty under certain circumstances. |
|
Reinstatement Bill | Session Closed Without Passage | |
|
Would restore the death penalty for certain murders. |
|
Reinstatement Bill | Session Closed Without Passage |
New Mexico
Regular: January 16, 2024 — February 15, 2024
Number(s) | Description | Events | Type | Status |
---|---|---|---|---|
|
Would make aggravated criminal sexual penetration and criminal sexual penetration of a child punishable by death. |
|
Reinstatement Bill | Session Closed Without Passage |
|
Would reinstate the death penalty for the murder of a police officer. |
|
Reinstatement Bill | Session Closed Without Passage |
|
Would reinstate the death penalty. |
|
Reinstatement Bill | Session Closed Without Passage |
Oregon
Regular: February 1, 2024 — February 28, 2024
South Dakota
Regular: January 9, 2024 — March 25, 2024
Number(s) | Description | Events | Type | Status |
---|---|---|---|---|
|
Would allow the death penalty for the rape of a child age twelve and under |
|
Expands Death Eligibility | Session Closed Without Passage |
|
Would repeal the death penalty |
|
Abolition Bill | Session Closed Without Passage |
Utah
Regular: January 16, 2024 — March 1, 2024
Number(s) | Description | Events | Type | Status |
---|---|---|---|---|
|
Would make information relating to executions confidential. |
|
Other | Session Closed Without Passage |
Virginia
Regular: January 10, 2024 — March 10, 2024
Number(s) | Description | Events | Type | Status |
---|---|---|---|---|
|
Would reinstate the death penalty |
|
Reinstatement Bill | Failed |
Washington
Regular: January 9, 2023 — March 8, 2024
Number(s) | Description | Events | Type | Status |
---|---|---|---|---|
|
Would update the constitution to align with the Washington Supreme Court ruling that abolished the state’s death penalty. |
|
Abolition Bill | Enacted |
|
Would reinstate the death penalty for prisoners who commit murder. The Washington Supreme Court struck down the state’s death penalty in 2018. |
|
Retroactive Abolition Bill | Session Closed Without Passage |
West Virginia
Regular: January 10, 2024 — March 10, 2024
Number(s) | Description | Events | Type | Status |
---|---|---|---|---|
|
Would allow the death penalty for intentionally killing law-enforcement officer or first responder in line of duty |
|
Reinstatement Bill | Session Closed Without Passage |
|
Would reinstate the death penalty |
|
Retroactive Abolition Bill | Session Closed Without Passage |
Wyoming
Regular: February 12, 2024 — March 8, 2024
News & Developments
News
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 and resentence the two men on death row to life without parole. On February 3, 2021, the Virginia State Senate voted along party lines, 21 – 17, in favor of abolishing capital punishment. Two days later, three Republicans joined all but one Democrat in the Virginia House of Delegates in a 57 – 41 vote to repeal the death…
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Mar 05, 2024
Oklahoma Execution Moratorium Bill Unanimously Passes Committee and Makes Its Way to the State-House Floor
On February 28, 2023, the Oklahoma House Criminal Justice and Corrections Committee unanimously passed a bill that would pause all pending executions and prohibit new death sentences while an independent task force reviews current Oklahoma death penalty procedures. House Bill 3138, also known as the Death Penalty Moratorium Act, was introduced by Republican Representative Kevin McDugle and would create a five-member Death Penalty Reform Task Force to “study and report on the progress of implementing reforms to the use of the death penalty in this state.” The task force would…
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Feb 02, 2024
Ohio Officials Divided on Death Penalty as Attorney General Pushes New Bill to Legalize Nitrogen Hypoxia for Executions
On Tuesday, January 30, Ohio Attorney General Dave Yost announced new legislation to authorize the use of nitrogen gas in executions in the state. Joined by several Republican state representatives and Louis Tobin of the Ohio Prosecuting Attorneys Association, AG Yost said that he is seeking to “kickstart” Ohio’s death penalty after a six-year pause in executions due to difficulties obtaining lethal injection drugs. “The status quo is unacceptable,” he said. According to the text of the proposed bill, H.B. 392, a prisoner could elect lethal injection or nitrogen hypoxia…
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Jan 12, 2024
State Legislative Roundup: New Legislation on the Death Penalty
The first month of 2024 marks the start of new legislative sessions for many states and a number of new proposals pertaining to the death penalty.
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Dec 13, 2023
After Five-Year Execution Pause, Ohio Leaders Question Value of Death Penalty
A proposed death penalty repeal bill in the Ohio legislature is drawing attention to the state’s five-year pause on executions, and leading state officials from both parties to question whether the death penalty system is working. Ohio Attorney General David Yost (pictured) summed up the situation by saying, “This system satisfies nobody. Those who oppose the death penalty want it abolished altogether, not ticking away like a time bomb that might or might not explode. Those who support the death penalty want it to be fair, timely and effective. Neither…
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Nov 17, 2023
Victims’ Families, Retired Judge, and Former Correctional Director Publicly Express Support for Ohio Abolition Bill
Victims’ families, retired Judge James Brogan, and former Department of Rehabilitation and Correction Director Gary Mohr have publicly expressed support for legislation pending in both the state Senate and House that would abolish the death penalty in Ohio.
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Nov 07, 2023
Pennsylvania House Committee Passes Death Penalty Repeal Bill
A bill to repeal the death penalty in Pennsylvania has passed a committee in the commonwealth’s House of Representatives. The Pennsylvania House Judiciary Committee voted 15 – 10 in favor of HB 999 on October 31, 2023. That vote is the first step toward abolishing the death penalty in Pennsylvania, which has had a formal moratorium on executions since 2015 and has not executed anyone since 1999.
Read MoreNews
Nov 02, 2023
Under Recent State Legislation, Courts in Ohio and Kentucky Rule Four Men Ineligible for Execution Due to Serious Mental Illness
Though the Supreme Court has ruled that the Constitution forbids the death penalty for a person who is “insane” at the time of execution, it has never held that the execution of people with serious mental illness is unconstitutional. Experts have found that two in five people executed between 2000 and 2015 had a mental illness diagnosis such as bipolar disorder, schizophrenia, or PTSD. Since 2017, at least eleven states have attempted to strengthen protections for vulnerable prisoners by introducing bills barring the execution of those with serious mental illness…
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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 punishment for nearly a decade, but this renewed effort comes after state senators introduced Senate Bill 101 earlier in the year, which would also abolish the use of capital punishment. Among the primary sponsors of these bills is Representative Jean Schmidt (R‑Loveland). Representative Schmidt cited her pro-life values in her support…
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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 that the law unconstitutionally removes the power of the locally elected district attorney. Some attorneys and lawmakers who disagreed with the new statute earlier expressed concerns that the new law targeted progressive district attorneys who were reluctant to pursue the death penalty.
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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 other legislators in Tennessee and Florida have proposed bills which would increase its use. Tennessee Senate Bill 1112 would require an execution to be carried out within 30 days of sentencing. Governor DeSantis recently signed legislation that nullified jury unanimity by requiring only eight jurors to recommend a death sentence, and Senate Bill 1342 would prevent a Florida judge…
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