2017 Legislation

Alabama*

1. HB32 would prohibit the court from overriding a jury’s verdict in a death penalty case and require a unanimous jury vote for death to recommend a death sentence. A penalty mistrial would be declared if between 6 and 11 jurors voted for death, and the parties could elect to have the judge impose sentence or have a new sentencing jury empaneled.

2. SB16 and SB18 would prohibit the court from overriding a jury’s verdict in a capital case. SB16 would require the court to impose a life sentence if a majority of the jurors voted for life and would require the court to impose a death sentence if 10 or more jurors voted for death. A penalty mistrial would be declared if between 6 and 9 jurors voted for death, and the parties could elect to have the judge impose sentence or have a new sentencing jury empaneled.

3. SB12 would permit capital defendants to elect to be executed by firing squad. The election would have to be made at the time the death sentence is affirmed by the Alabama Supreme Court. A substitute to the bill replaced execution by firing squad with execution by nitrogen hypoxia.

4. SB 187 and HB 260 would set new time limits for filing post-conviction death-penalty appeals, require defendants to file direct appeal and post-conviction appeal simultaneously, require the trial court judge to appoint appellate counsel within a specified time, and prevent death-row prisoners from requesting relief outside of the time frame indicated.

5. SB48 would set procedures for determining intellectual disability in capital cases

6. SB49 would statutorily prohibit imposing the death penalty on a defendant under age 18 at the time of the offense. (Would bring Alabama law in line with U.S. Supreme Court decision in Roper v. Simmons(2005).)

7. SB50 would impose a three-year moratorium on executions.

8. SB51 would repeal the death penalty.

9. SB211 would provide compensation to death-row exoneree Anthony Ray Hinton.

1. The unanimity bill has been prefiled and was referred to the House Judiciary Committee on February 7. The Committee rejected an amendment that would have permitted the judge to impose a death sentence following a 10-2 jury vote for death. The bill passed the Committee by a vote of 10-2 on February 16.

2. The jury override bills have been prefiled and were referred to the Senate Judiciary Committee. The Committee considered and approved SB16 by a vote of 5-3 on February 8. The bill PASSED the full Senate by a vote of 30-1 on February 23.

The bill was approved by the House Judiciary Committee on March 9.

The bill PASSED the full House by a vote of 78-19 on April 4. The bill was SIGNED INTO LAW by Governor Kay Ivey on April 11.

3. The firing squad bill has been prefiled and was referred to the Senate Judiciary Committee on February 7. The Committee offered a substitute for the bill, replacing firing squad with nitrogen hypoxia, and approved the substitute by a vote of 6-3 on April 6. The bill PASSED the full Senate by a vote of 25-8 on April 18 and was sent to the House.

The bill was referred to the House Judiciary Committee. On May 3, the Committee amended the bill to say that a prisoner’s choice of execution method “shall at no time supersede the means of execution available to the Department of Corrections.” As amended, the bill was favorably reported by the Committee without debate.

4. SB 187 PASSED the Senate 28-5 on April 18. HB 260 was referred to the House Committee on Judiciary on February 16. It passed the Judiciary Committee on May 9, 2017, but the House considered SB 187 instead and indefinitely postponed HB260 on May 17.

Without opposition, the House amended SB 187 on May 16 to set a presumptive limit of $7,500 in compensation for appellate counsel, waivable for good cause shown. The bill, as amended, PASSED THE HOUSE on May 16 with a vote of 74-26. On May 18, the Senate voted 26-3 to CONCUR in the House amendment. The bill was forwarded to Governor Kay Ivey, who SIGNED INTO LAW on May 26.

5. Introduced on February 7 and referred to the Senate Judiciary Committee.

6. Introduced on February 7 and referred to the Senate Judiciary Committee.

7. Introduced on February 7 and referred to the Senate Judiciary Committee.

8. Introduced on February 7 and referred to the Senate Judiciary Committee.

9. Introduced on February 16 and referred to the Senate Committee on Finance and Taxation General Fund.

Arizona*

SB1518 would repeal the death penalty.

The bill was introduced on February 1 and assigned to the Senate Judiciary Committee.

Arkansas*

1. HB1798 would change the prosecution’s penalty-phase burden of proof from beyond a reasonable doubt to beyond any doubt.

2. HB2103 would abolish the death penalty and replace it with life imprisonment.

3. HB2170 would prohibit imposing the death penalty upon a person “who, at the time of the offense, had active symptoms of a serious mental illness that substantially impaired his or her capacity.”

1. HB1798 was introduced on March 1 and was referred to the House Judiciary Committee on March 2. The Committee conducted a hearing on March 21 and rejected the bill by unanimous voice vote. On May 1, the bill reportedly “died in House committee at sine die adjournment.”

2. HB2103 was introduced on March 6 and referred to the House Judiciary Committee on March 7. The Committee conducted a hearing on March 21 and delayed consideration of the bill pending amendment to a provision on the life-sentencing replacement for capital punishment.

3. HB2170 was introduced on March 6 and referred to the House Judiciary Committee on March 15. The Committee conducted a hearing on March 21 and rejected the bill by voice vote.

California

AB 1443 would require the permanent retention of court records in capital felony cases in which the defendant is sentenced to death, “including records of the cases of any codefendants and any related cases, regardless of the disposition.” Court reporter notes in death penalty cases would also be retained permanently.

AB 1443 was introduced on February 17. On March 13, it was referred to the Assembly Judiciary Committee and the Assembly Committee on Public Safety, where it was unanimously approved. On May 18, the bill unanimously PASSED THE ASSEMBLY by a vote of 69-0.

On June 1, the bill was referred to the Senate Judiciary Committee, where it unanimously passed (6-0) on June 28. On July 20, the bill unanimously PASSED THE SENATE by a vote of 38-0.

The bill was SIGNED INTO LAW by Governor Jerry Brown on August 7.

Colorado*

SB17-095 would repeal the death penalty for offenses committed on or after July 1, 2017

The bill was introduced on January 18 and referred to the Senate Judiciary Committee, where it was defeated by a 3-2 vote on February 15.

Connecticut

HB 5540, HB 5370, and HB 5271 would reinstate the death penalty.

All three bills were referred to the Joint Committee on Judiciary in January.

Delaware

HB 125 would reinstate the death penalty for murder or accomplice murder with 22 aggravating circumstances.

The bill was introduced and referred to the House Judiciary Committee on April 4. It was approved by the Committee on May 3 and sent to the full House. It PASSED THE HOUSE on May 9 by a vote of 24-16.

Florida

1. SB280 would amend the death penalty statute declared unconstitutional in Hurst v. State to require a unanimous jury recommendation of death before the trial judge may impose the death penalty.

HB527 would require a unanimous vote by jury to recommend a death sentence and would designate any other jury sentencing vote a recommendation for a life sentence.

1a. Amendment to SB280 proposed in committee expressing “the intent of the legislature that Hurst v. State apply [retroactively] in cases in which the death sentence became final prior to June 24, 2002.”

2. HB477 would permitting charging the seller of fentanyl or certain other opioids with first-degree murder (potentially subject to the death penalty) if the user of the illegally-purchased dies and the drugs are “proven to be the proximate cause of the death of the user.”

1. SB280 filed January 6. Referred to the Senate Criminal Justice Committee and Rules Committee on January 25. Approved by the Criminal Justice Committee 6-0 on February 6. Approved by the Senate Rules Committee 10-0 on February 22. On March 6, the bill was placed on the Senate Special Order Calendar for March 9, and PASSED THE SENATE by a vote of 37-0.

HB527 was filed on January 24 and referred to the House Judiciary Committee on February 6. That day, it was referred to the Criminal Justice Subcommittee. It received a 14-0 favorable recommendation by the subcommittee on February 15 and a 17-1 favorable recommendation by the full Judiciary Committee on February 21. On March 6, the bill was placed on the the Special Order Calendar for the full House for March 9, and on March 7, the bill was introduced in the State Senate.

On March 10, PASSED THE HOUSE by a vote of 112-3. SIGNED INTO LAW by Gov. Rick Scott on March 13,

1a. Amendment withdrawn.

2. HB477 was filed on January 24 and referred to the House Judiciary Committee and the subcommittees on Criminal Justice and Justice Appropriations. It was favorably reported out of the Criminal Justice Subcommittee on March 17 by a vote of 13-1 and the Justice Appropriations Subcommittee on April 3 by a vote of 13-0. The bill passed the Judiciary Committee by a vote of 13-0 on April 6. On April 20, it PASSED THE HOUSE by a vote of 118-0.

The bill was substituted for SB150 in the Senate on May 2 and amended, and PASSED THE SENATE by a vote of 37-0 on May 3. The House refused to concur with the Senate amendment, and the Senate withdrew the amendment and repassed the bill on May 5 by a vote of 31-7. SIGNED INTO LAW by Governor Rick Scott on June 14.

Indiana*

1.SB146 would abolish the death penalty and resentence current death row prisoners to to life without parole. It also would lower from 18 to 16 the age at which a person could be sentenced to life without parole.

2. SB155 would prohibit the death penalty for persons with serious mental illness and establish procedures for determining whether a defendant charged with or convicted of a capital murder is seriously mentally ill.

1. The bill was introduced on January 4 and referred to the Senate Judiciary Committee.

2. The bill was introduced on January 4 and referred to the Senate Judiciary Committee.

Iowa

SF335 would make the multiple offense of murdering a minor during the course of kidnapping and sexually abusing that minor a capital offense.

SF336 would make the multiple offense of murdering a person during the course of sexually abusing that person a capital offense.

Senate File 335 was introduced on February 23 and referred to the Senate Judiciary Committee.

Senate File 336 was introduced on February 23 and referred to the Senate Judiciary Committee.

The bills’ proponents have reportedly withdrawn them from consideration this term.

Kansas*

HB2167 would prospectively repeal the death penaltyand replace it with life without possibility of parole.

The bill, sponsored by 8 Republicans and 7 Democrats, was introduced on January 25 and referred to the House Committee on Corrections and Juvenile Justice. A hearing was held on the bill on February 13.

Kentucky*

1. SB68(BR-137) would:

1. direct the the Legislative Research Commission to create a Task Force on the Death Penalty to study and develop reccomendations regarding the Commonwealth’s use of the death penalty for capital offenses;
2. require that the Task Force submit a final report no later than December 3, 2018;
3. suspend executions until December 3, 2018, or until that report is submitted.

2. SB131(BR-1422) and HB251(BR-1377) would abolish the death penalty and replace it with life imprisonment without probation or parole.

3. HB219(BR-1029) would expand the death penalty by adding as an aggravating circumstance the murder of a victim aged 12 or under or particular vulnerable adults.

4. SB186(BR-44) would expand the death penalty by adding a conviction for terrorism as an aggravating circumstance.

1. SB68 bill was prefiled on December 9, 2016, and formally introduced on January 3, 2017. It was referred to the Judiciary Committee on January 7.

2. SB131 was introduced on February 7 and referred to the Senate Judiciary Committee on February 8.

HB251was introduced on February 7 with 17 sponsors and referred to the House Judiciary Committee on February 9.

3. HB219 was introduced on February 7 and referred to the House Judiciary Committee on February 9.

4. SB186 was introduced on February 14 and referred to the Senate Judiciary Committee on February 15. It was reported favorably out of committee on February 23. Four floor amendments were filed on March 1 & 2. The bill was passed over but retained for consideration by the full Senate on March 3 and recommitted to the Senate Appropriations and Revenue Committee on March 6.

Louisiana*

1. HB101 would abolish the death penalty.

2. SB142 would abolish the death penalty.

1. The bill was prefiled on March 23 and referred to the House Committee on Administration of Criminal Justice. The bill was amended in committee on May 17 to provide that, if the legislature repealed the death penalty, that repeal would be subject to ratification by statewide referendum. The bill, as amended, was defeated by a vote of 9-8.

2. The bill was prefiled and provisionally referred to the Senate Judiciary Committee on March 30. On April 25, the Senate Judiciary Committee approved the bill by a vote of 6-1 and sent it to the full Senate. The Senate was scheduled to consider the bill on May 10, but consideration has been delayed.

Maryland

HB881 and SB958 would reinstate the death penalty for the murder of a “law enforcement officer” or a “first responder.”

HB881 was introduced with 19 sponsors on February 6 and referred to the House Judiciary Committee, where it was scheduled for a hearing on February 21. It was defeated in committee on March 6.

SB958 was introduced with 4 sponsors on February 3 and referred to the Senate Judicial Proceedings Committee, where it was scheduled for a hearing on February 21.

Mississippi

1. HB615 would classify “killing a peace officer or fireman … acting in his official capacity” as a hate crime and requires that any person convicted of a capital murder that is also designated as a hate crime be sentenced either to life without parole or death. The primary effect of the bill would be to eliminate the possibility of parole for a person convicted of killing a person involved in law enforcement or firefighter.

2. HB638 and SB2280 would amend state law concerning the method of execution to provide that execution shall be by “the sequential intravenous administration” of “(a) an appropriate anesthetic or sedative; (b) a chemical paralytic agent; and (c) potassium chloride, or other similarly effective substance.”

It also would establish a hierarchy of execution methods if each of the more favored methods of executions are “held unconstitutional or are otherwise unavailable” and vests in the Commissioner of Corrections “the authority and discretion to select and obtain the substances and the means necessary to carry out an execution.” The heirarchy of execution methods would be as follows:

1. Lethal injection with three drugs
2. Nitrogen hypoxia
3. Firing squad
4. Electrocution

3. HB769 would prohibit the imposition of the death penalty “when a conviction is based solely on circumstantial evidence.”

4. SB2185 would require that, in a case in which a defendant has raised intellectual disability as a penalty defense, the jury may not impose the death penalty unless it unanimously finds that the defendant “is not a person who is intellectually disabled.”

1. The police hate crime bill was introduced January 13 and referred to the House Judiciary Committee B, where it is reported to have “died in committee” on January 31.

2. The execution hierarchy bills were introduced January 13. SB2280 was referred to the Senate Judiciary Committee, Division A, where it is reported to have “died in committee” on January 31.

HB638 was referred to the House Judiciary Committee B and reported out of committee on January 26. Attempts to amend the bill on the floor of the House to create a death penalty study commission and to require the use of an “ulta, fast-acting barbiturate” failed by voice votes on February 8. The bill PASSED the House by a vote of 74-44 on February 8.

HB638 was transmitted to the Senate on February 13 and referred to the Senate Judiciary Committee on February 20. It was amended in committee on February 23 to remove firing squad as one of the execution options. On March 2, the bill PASSED the Senate as amended by a vote of 38-13.

It was returned to the House for concurrence on March 3 and the House declined to concur on March 20. On March 25, a conference committee filed its report restoring the firing squad as the third execution option. The House ADOPTED the report on March 26 by a vote of 78-43. The Senate ADOPTED the report on March 28 by a vote of 41-10 and it was sent to the Governor for signature or veto.

The bill was SIGNED INTO LAW on April 5.

3. The circumstantial evidence bill was introduced January 13 and referred to the House Judiciary Committee B, where it is reported to have “died in committee” on January 31.

4. The intellectual disability bill was introduced January 13 and referred to the Senate Judiciary Committee, Division A, where it is reported to have “died in committee” on January 31.

Missouri*

1. HB135 and SB277 would repeal the death penalty.

1. HB135 was prefiled on December 5, 2016 and officially introduced on January 4, 2017. As of January 20, it had not yet been referred to committee. SB277 was introduced on January 10 and referred to the Senate General Laws Committee on January 19.

Montana*

HB366 would abolish the death penalty and replace it with life without possibility of parole.

The bill was introduced on February 2 and referred to the House Judiciary Committee, which conducted a hearing on the bill on February 6. The Committee voted 10-9 on February 9 to table the bill.

Nebraska*

1. LB446 would abolish the death penalty.

2. LB661 would exempt records from public disclosure that contain “any information reasonably calculated to lead to the identity of any person or entity that manufactures, supplies, compounds, or prescribes the substance or substances, medical supplies, or medical equipment utilized to perform a lethal injection.”

1. The death penalty abolition bill was introduced on January 17 and referred to the Judiciary Committee on January 19. The Committee conducted a hearing on the bill on March 22,

2. The execution secrecy bill was introduced with 11 sponsors on January 18 and referred to the Government, Military and Veterans Affairs Committee. A motion to instead refer it to the Judiciary Committee failedand the bill is scheduled for a hearing in the Government committee February 9.

Nevada*

1. AB90 would expand the death penalty to include the killing of a peace officer or correctional officer.

2. AB237 would abolish the death penalty.

1. The blue lives death penalty expansion bill was prefiled on January 30 and referred to the Assembly Judiciary Committee.

2. The abolition bill was introduced on February 24 and referred to the Assembly Judiciary Committee, which held a hearing on the bill on March 29.

New Hampshire

HB351 would expand the death penalty to include knowingly causing the death of a person who is less than 18 years of age.

The bill was introduced on January 5 and referred to the House Criminal Justice and Public Safety Committee. The Committee held a hearing on the bill on February 7. On March 1, the committee deemed the bill “inexpedient to legislate” by a vote of 17-3. On March 8, the full House upheld the committee decision and rejected the bill by a vote of 305-46.

New Jersey

5 bills to reintroduce the death penalty for a variety of homicides were introduced in the Assembly and 3 in the Senate in 2016 as part of the 2016-2017 legislative session

None of the bills has advanced in committee.

New Mexico

HB72 would reinstate the death penalty for capital felonies.

The bill was introduced on January 6 and referred to the House Consumer and Public Affairs Committee. On March 5, the Committee rejected the bill by a vote of 3-2.

North Carolina*

HB604 would repeal the death penalty and replace it with life without possiblity of parole. The repeal also would apply to prisoners currently under sentence of death.

The bill was introduced on April 5 and referred to the House Committee on Rules, Calendar, and Operations on April 6.

Ohio*

1. HB38 would expand the death penalty to include the murder of a first responder or member of the military.

2. SB12 would provide that a defendant cannot be executed if the death penalty cannot be sought or imposed if decisions in pursuing the death penalty were based on the defendant’s race. It would permit the use of statistical evidence to demonstrate that decisions were based on race. If reversal of a death sentence would otherwise make the defendant eligible for parole, the defendant would have to agree to accept a sentence of life without parole.

3. SB40 and HB81 would prohibit imposing the death penalty upon a person who was suffering from a serious mental illness at the time of the offense.

4. SB94 and HB389 would abolish the death penalty.

1. HB38, which has 14 co-sponsors, was introduced on February 7 and referred to the House Criminal Justice Committee, where it received a hearing on February 21. On May 17, the bill was favorably reported out of committee by a vote of 11-0. On May 17, it PASSED THE HOUSE by a vote of 96-0.

On May 18, the bill was introduced in the Senate and referred to the Senate Judiciary Committee on May 24.

2. SB12 was introduced on January 31 with 2 co-sponsors and referred to the Senate Judiciary Committee on February 1.

3. SB40 was introduced with two sponsors and 7 co-sponsors on February 8. It was referred to the Senate Judiciary Committee on February 15.

HB81 was introduced with two sponsors and 11 co-sponsors on February 22.

4. SB94 was introduced on March 7 and referred to the Senate Judiciary Committee on March 15.

HB389 was introduced on October 23 and referred to the House Criminal Justice Committee on October 31.

Oklahoma

HB 1679, authored by House Speaker Pro Tempore Harold Wright, would eliminate the electric chair as a mode of execution and create the following hierarchy for execution methods in the state:

1. Lethal injection
2. Nitrogen hypoxia
3. Firing squad
4. “Any method not prohibited by the United States Constitution.”

The bill was introduced on January 19 and was referred to the House Judiciary - Criminal Justice and Corrections Committee on February 7. The Committee substituted a new version of the bill on February 9, which passed the Committee that day by a vote of 10-1. The Committee substitute PASSED THE HOUSE by a vote of 74-22 on February 16.

The bill was referred to the Senate Judiciary Committee on March 20.

Pennsylvania*

SB703 and HB166 would prospectively repeal the death penalty.

SB703 was introduced on May 8 and referred to the Senate Judiciary Committee.

HB1466 was introduced on May 31 and referred to the House Judiciary Committee.

Rhode Island

H5208 would authorize the death penalty for the ambush murder of a first responder.

H5208 was introduced on January 26 and referred to the House Judicilary Committee.

South Dakota

HB1099 would prohibit imposing the death penalty “upon any person with a severe mental illness with significantly impaired capacity at the time the offense was committed.”

HB1099 was introduced on January 25, with sponsorship by 23 representatives and 7 Senators and referred to the House State Affairs Committee. On February 13, the committee voted down the bill 8-4 on February 13.

Tennessee

1. HB7 and SB27 would provide for automatic direct review by the Tennessee supreme court of& capital convictions and death sentences and removes an intermediate level of direct appeal to the court of criminal appeals in death penalty cases.

2. HB345 and SB378 would prohibit imposing the death penalty upon a defendant who was suffering from severe mental illness at the time of the offense

1. HB7 was filed for introduction January 5 and officially introduced on January 10. It was referred to the House Criminal Justice Committee on January 12 and assigned to the the Subcommittee on Criminal Justice on January 24. It was placed on the subcommittee’s calendar for February 7.

SB27 was filed for introduction on January 11 and officially introduced on January 12. It was referred to the Senate Judiciary Committee and placed on the calendar for February 7.

2. HB345 was filed for introduction on February 1, 2017 and officially introduced on February 2. It was referred to the House Criminal Justice Committee on February 6 and assisgned to the Criminal Justice Subcommittee on February 7.

SB378 was filed for introduction on February 2. It was referred to the Senate Judiciary Committee on February 8.

Texas*

1. HB64, HB1537, and SB597 would abolish capital punishment and replace it with a mandatory sentence of life for crimes committed when the offender was younger than age 18 and with a mandatory sentence of life without parole for offenders age 18 or older.

2. HB147 and HB316 would preclude imposing the death penalty upon a defendant who is found guilty of a capital felony solely under the Texas law of parties(based solely upon the acts and intent of another) and would preclude the state from seeking the death penalty against a defendant based solely upon the law of parties.

3. HB1676 would establish an Office of Capital Appellate Defender to represent capital defendants during the direct appeal stage of their case.

4. SB958 would require capital defendants to file a state petition for habeas corpus within 45 days of the date the Court of Criminal Appeals issues its decision on direct appeal, rather than 180 days after the convicting court appoints counsel for the defendant.

5. SB1065 would require each juror to separately determine the answers to the penalty-phase special questions and to independently consider the weight of mitigating evidence and would permit a death sentence only if all jurors individually answered yes to the special questions and all jurors individually determined that evidence did not mitigate against the imposition of the death penalty. It also would specifically list residual doubt as a factor mitgating against imposing the death penalty.

6. HB3080 would preclude imposing the death penalty on persons with active psychotic symptoms of severe mental illness that substantially impair the person’s capacity to: (1) appreciate the nature, consequences, or wrongfulness of his or her conduct; (2) exercise rational judgment in relation to his or her conduct; or (3) conform his or her conduct to the requirements of the law.

1. HB64 was filed on November 14, 2016. An identical companion bill, HB1537, was filed on February 3, 2017. HB64 was referred to the House Committee on Criminal Jurisprudence on February 13.

SB597 was filed January 24 and was referred to the Senate Criminal Justice Committee on February 8.

2. HB147 was filed on November 14, 2016 and was referred to the House Committee on Criminal Jurisprudence on February 13. HB316 was filed on November 14, 2016 and was referred to the House Committee on Criminal Jurisprudence on February 15.

3. HB1676 was introduced on February 8 and referred to the House Committee on Criminal Jurisprudence on March 6.

4. SB958 was filed on February 17 and and was referred to the Senate Criminal Justice Committee on March 1.

5. SB1065 was filed on February 23 and was referred to the Senate Criminal Justice Committee on March 6.

6. HB3080 was filed on March 7.

Utah

1. HB176 would add to the definition of aggravated murder a homicide that was committed incident to criminal conduct in which the defendant committed or attemoted to commit human trafficking, human trafficking of a child, or aggravated human trafficking.

(Note: Utah’s death penalty statute already authorizes the death penalty when the murder occurred during a criminal act or episode involving actual or attempted kidnapping, child kidnapping, aggravated kidnapping; actual or attempted rape, sodomy, sexual abuse, aggravated sexual abuse, or rape, sodomy, sexual abuse, aggravated sexual abuse of a child.)

2. HB187 would direct the Legislative Auditor General to conduct an audit of the comparative costs of the death penalty capital offenses and non-death penalty capital cases.

1. HB176 was introduced January 23 and was referred to the House Law Enforcement and Criminal Justice Committee on January 27. It was reported to the full House with a 6-5 favorable recommendation on February 3 and narrowly PASSED THE HOUSE on February 21 by a vote of 38-37. It was referred to the Senate Rules Committee on February 22 and the Senate Judiciary, Law Enforcement, and Criminal Justice Committee on February 23 and returned to the Senate Rules Committee without having been considered by the Judiciary Committee on March 6.

On March 9, placed in the House file for bills not passed.

2. HB187 was introduced on January 24 and was referred to the House Law Enforcement and Criminal Justice Committee on January 27. It was reported to the full House with a 8-2 favorable recommendation on February 7 and PASSED THE HOUSE on February 21 by a vote of 72-0. It was referred to the Senate Rules Committee on February 22 and the Senate Judiciary, Law Enforcement, and Criminal Justice Committee on February 23, from which it received a favorable recommendation by a vote of 4-0 on March 6. It was returned to the Rules Committee, where it died in committee on March 9 and was placed in the House file for bills not passed.

Virginia

1. HB1522 and SB1348 would prohibit imposing the death penalty upon a defendant with severe mental illness. The determination of severe mental illness would be made by the jury or judge in the penalty phase of a capital trial.

2. HB1882 offers a technical amendment to the state’s criminal code, replacing the term “mental retardation” with the term “intellectual disability” for purposes of statutes governing capital punishment.

1. HB1522 was prefiled on December 22, 2016 and referred to the House Committee for Courts of Justice. It was assigned to the Courts Subcommittee on Criminal Law on January 27, 2017, where it was tabledby voice vote on January 30.

SB1348 was prefiled on January 11 and referred to the Senate Committee for Courts of Justice, where was passed by indefinitely by a vote of 9-5 on January 23.

2. The bill was prefiled on January 11 and referred to the Committee for Courts of Law. It was unanimously approved by the committee (20-0) on January 20 and PASSED THE HOUSE on January 26 by a vote of 99-0. The bill was referred to the Senate Committee for Courts of Justice on January 27. It was unanimously approved by the committee (15-0) on February 6 and PASSED THE SENATE on February 8 by a vote of 39-0.

The bill was SIGNED INTO LAW by Governor Terry McAuliffe on February 20.

Washington*

HB1935 and SB5354 would repeal the death penaltyand replace it with life imprisonment without possibility of release or parole.

HB1935 was introduced on February 3, 2017 and referred to the House Committee on Judiciary, where it had a public hearing on February 15. No further action was taken on the bill during the 2017 regular session and, by resolution, it was “reintroduced and retained in present status” in each of the 3 special legislative sessions in 2017.

SB5354 was introduced on January 20 by 12 Senators “by request of Attorney General” and referred to the Senate Committee on Law & Justice. No action was taken on the bill during the 2017 regular session and, by resolution, it was “reintroduced and retained in present status” in each of the 3 special legislative sessions in 2017.

Wyoming*

HB240 would repeal the death penalty.

The bill was introduced with 5 House sponsors and two Senate sponsors on January 26 and referred to the House Minerals Committee, where it is listed as having died in committee on February 3.

Federal

HR 115 (the “Thin Blue Line Act”) would expand the federal death penalty to make the killing of state and local police officers an aggravating circumstance.

The bill was introduced in the U.S. House of Representatives on January 3, 2017 and referred tp the House Judiciary Committee. The Committee advanced the bill on April 27 by a vote of 19-12. The House of Representatives PASSED the bill by a vote of 271-143 on May 18.