2020 Legislation

1. HB 275/SB 200 would decrease the availability of state-court judicial review of death penalty cases by vesting exclusive jurisdiction over death penalty appeals in the Alabama Court of Criminal Appeals and eliminating subsequent discretionary review by the Alabama Supreme Court.

2. HB 359 would require a unanimous jury vote in order to impose a death sentence.

SB 200 introduced on February 18, 2020 and referred to the Senate Committee on Judiciary. The committee adopted the same substitute as the House, which then PASSED committee by a 4-3 vote on February 27.

2. Read for the first time on February 27, 2020 and referred to Committee on Judiciary.

1. SB 1249 would abolish the death penalty.

2. SB 1250 would exempt defendants with serious mental illness from the death penalty.

3. SB 1386 changes Arizona’s death penalty statute to say a trier of fact “may” impose a death sentence if an aggravating circumstance is found, rather than “shall” impose a death sentence.

1. First reading January 23, 2020. Second reading January 27. Assigned to Judiciary and Rules committees.

2. First reading January 23, 2020. Second reading January 27. Assigned to Judiciary and Rules committees.

3. First reading January 29, 2020. Assigned to Judiciary and Rules committees.

1. ACA 12 would amend the California constitution to provide that “The death penalty shall not be imposed as a punishment for any violations of law.”

2. AB-580 would amend the procedures for commutations of death sentences, requiring that the governor notify victims’ families and allowing victims’ families to request a public hearing before a commutation is granted. A commutation would not go into effect until at least 30 days after such a hearing.

3. AB 1798 would create the California Racial Justice Act, allowing prisoners to challenge their death sentences using statistical evidence of racial bias in the application of the death penalty or jury selection.

4. SCR 38 would condemn Governor Gavin Newsom’s imposition of a moratorium on the death penalty and request that the state Attorney General continue pursuing executions.

5. AB 2200 would prohibit racial discrimination in convictions and sentences and create a process to challenge racial discrimination at trial or following conviction.

6. AB 2512 would prohibit prosecutors from making race-based arguments to keep people with intellectual disabilities on death row and make other changes to modernize the statute on intellectual disabilities and the death penalty.

7. AB 2542 would create a California Racial Justice Act, applicable to all criminal cases, which would prohibit the state from seeking a criminal conviction or sentence on the basis of race, ethnicity, or national origin and provide a mechanism for prisoners to challenge convictions or sentences that had been obtained based on race, ethnicity, or national origin.

8. AB 3070 would reform the use of peremptory strikes with the intent of reducing bias in jury selection.

1. Introduced March 13, 2019.

2. Referred to Committee on Public Safety, Feb. 25, 2019. Amended by author on April 1 and re-referred to committee on April 2.

3. AB 1798 was introduced February 22, 2019. Referred to Committee on Public Safety, March 21. PASSED Committee 6-1 on April 24. Referred to the Appropriations Committee, where it DIED IN COMMITTEE without consideration on January 31, 2020.

4. Introduced April 8, 2019.

5. Introduced February 12, 2020. Referred to Committee on Public Safety.

6. AB 2512 was introduced February 19, 2020. Referred to the Assembly Committee on Public Safety. PASSED Public Safety Committee 6-1 on May 19. PASSED full Assembly, 57-0, on June 15 and referred to the Senate.

PASSED the Senate Committee on Public Safety 5-0 on July 31. PASSED the full Senate 30-1 on August 28, completing legislative passage.

Governor Gavin Newsom SIGNED THE BILL INTO LAW on September 30, 2020.

7. AB 2542 was introduced February 19, 2020. PASSED the Assembly Transportation Committee 15-0 on May 4, 2020. PASSED the Assembly Appropriations Committee 18-0 on June 2, 2020. PASSED the full Assembly 76-0-3 on June 8 and referred to the Senate.

PASSED the Senate Committee on Public Safety 4-2-1 on August 7. AMENDED to make it non-retroactive and PASSED in the Appropriations Committee 5-2 on August 20. PASSED the Senate 26-10-4, as amended, and returned to the Assembly on August 31, the final day of the legislative session.

The Assembly CONCURRED in the Senate amendments, 49-16-14, on August 31, completing legislative passage.

Governor Gavin Newsom SIGNED THE BILL INTO LAW on September 30, 2020.

8. AB 3070 was introduced February 21, 2020. PASSED the Assembly Judiciary Committee 8-3 on May 12. PASSED the Appropriations Committee 13-5 on June 2. PASSED the Assembly 53-16 on June 11 and referred to the Senate.

Amended in the Senate Committee on Public Safety and PASSED, 4-3, as amended on August 7. Referred to the Appropriations Committee and PASSED, 5-2, as further amended on August 20. REFUSED PASSAGE, 18-11, by the full Senate on August 30, but RECONSIDERATION GRANTED, 39-0, later that day. PASSED the Senate, as amended, by a 21-16 vote on August 31, the last voting day of the legislation session, and returned to the Assembly.

Shortly before midnight on the 31st, the Assembly CONCURRED in the Senate amendments, 49-17, completing legislative passage.

Governor Gavin Newsom SIGNED THE BILL INTO LAW on September 30, 2020.

1. HB 299 would amend the death penalty statute declared unconstitutional by the Delaware Supreme Court by permitting capital punishment upon proof of one or more of four aggravating circumstances —the murder of at least three people, a prior murder conviction, murder motivated by a hate crime, and a murder committed in an “outrageously or wantonly vile, horrible or inhuman” manner; and requiring the jury to unanimously find any aggravating circumstance and to unanimously find that the aggravating circumstances it has found outweigh mitigating circumstances beyond a reasonable doubt.

2. HB 305 would amend the Delaware constitution to prohibit the imposition of the death penalty.

1. Introduced March 12, 2020 and assigned to House Judiciary Committee.

2. Introduced March 12, 2020 and assigned to House Judiciary Committee.

1. HB 6045/SB 938 would repeal the death penalty.

2. SB 28/HB 6507 would provide $2.15 million compensation to death-row exoneree Clifford Williams. Williams was wrongfully incarcerated for 43 years before being exonerated in 2019.

3. CS/HB 7077 would expand access to post-conviction DNA testing.

1. HB 6045 filed November 5, 2019, referred to Judiciary Committee on November 15. First reading January 14, 2020.
SB 938 filed November 14, 2019, referred to Criminal Justice Committee on December 13, 2019. Introduced January 14, 2020. The bills are not expected to receive a hearing this session. SB 938 was withdrawn from consideration on March 14.

2. SB 28 was introduced on January 14, 2020 and referred to the Judiciary Committee. PASSED Judiciary Committee 5-0 on January 28 and referred to Appropriations Committee. PASSED Criminal and Civil Justice Subcommittee 8-0 on February 18. PASSED Appropriations Committee 20-0 on February 20. PASSED Senate 40-0 on March 3. PASSED House 116-0 on March 10.

HB 6507 was introduced on January 14, 2020 and referred to the Civil Justice Subcommittee. PASSED Civil Justice Subcommittee 15-0 on January 22 and referred to Appropriations Committee. PASSED Appropriations Committee 27-0 on February 18 and referred to Judiciary Committee. PASSED Judiciary Committee 17-0 on February 26. The House version was passed over in favor of the Senate version, which passed both houses unanimously.

SIGNED by Governor DeSantis, June 9, 2020.

3. Filed February 5, 2020. PASSED House Appropriations Committee on February 18 by a vote of 27-0. PASSED House Judiciary Committee on February 27 by a 17-0 vote. PASSED the House 114-0 on March 10. Senate FAILED to act on the bill before the session ended.

1. HB 267 would bar the death penalty in cases in which the only evidence of guilt is the testimony of a single eyewitness.

2. HB 702/HB 916 would repeal the death penalty and resentence those currently on death row to life without parole.

1. Introduced on February 12, 2019.

2. HB 702 Introduced on March 28, 2019 and referred to the House Judiciary Non-Civil Committee. HB 916 introduced on February 18, 2020.

1. HB 2035, SB 1444, SB 1487, SB 2109, and HB4066 reinstate the death penalty and create regulations for representation and funding.

2. HB 3164 reinstates the death penalty for murder of a police officer, firefighter, or multiple victims.

1. HB 2035 filed February 1, 2019, first reading February 4, referred to Rules Committee. SB 1444 filed February 13, referred to Assignments. SB 1487 filed February 13, referred to Assignments. SB 2109 filed February 15, referred to Assignments. HB 4066 filed January 10, 2020 and referred to Rules Committee January 13.

2. Filed February 15, 2019.

1. SF 296 and SF 588 would reinstate the death penalty for the crime of kidnapping, rape, and murder of a minor.

2. HF 62 would reinstate the death penalty for first degree murder.

1. SF 296 introduced February 19, 2019. Referred to Judiciary Committee. A subcommittee of the Judiciary Committee voted 3-2 on February 27 to recommend passage of the bill. The Judiciary Committee PASSED the bill on March 7 by a vote of 8-7. The bill died after failing to meet the April 5 “second funnel” deadline for approval by committees in both Houses of the legislature. SF 588 is a later version of the same bill.

2. Introduced January 23, 2019. Referred to Judiciary Committee.

1. HB 2282 and SB 21 would abolish the death penalty.

2. SB 95 would require the board of healing arts and board of pharmacy to be involved in decisions related to lethal-injection protocols.

3. SB 96 would require annual inspections of the execution chamber.

1. SB 21 was introduced on January 17, 2019 and referred to the Committee on Judiciary.

HB 2282 was introduced on February 12, 2019 and referred to the Committee on Corrections and Juvenile Justice, which conducted a hearing on the bill on February 19. The committee voted 7-6 on February 22 to defeat the bill.

2. Introduced February 5, 2019 and referred to the Committee on Judiciary.

3. Introduced February 5, 2019 and referred to the Committee on Judiciary.

1. HB 38 would repeal the death penalty.

2. HB 222 would add nitrogen hypoxia as an execution method if lethal injection is unavailable and make secret the identities of anyone involved in the execution process, including providers of drugs or medical equipment.

1. Prefiled February 5, 2020 and referred to Committee on Administration of Criminal Justice.

2. Prefiled on February 26, 2020 and referred to Committee on Administration of Criminal Justice.

1. H 1387 would reinstate the death penalty.

2. H 3773 would reinstate the death penalty for the killing of law enforcement officers.

1. Referred to the committee on the Judiciary, January 22, 2019.

2. Referred to the committee on the Judiciary, May 13, 2019. Hearing held October 8, 2019.

HR 148 is a resolution opposing the federal government’s efforts to resume executions.

Introduced September 3, 2019 and referred to Committee on Judiciary.

1. HB 1277/SB 635 would abolish the death penalty and resentence death-row prisoners to life without parole.

2. HB 1331 would create a 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 jurors.

3. HB 1756 would exempt defendants with severe mental illness from the death penalty.

4. HB 1925 would 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.

1. HB 1277 prefiled December 2, 2019. First reading January 8, 2020, second reading January 9. SB 635 prefiled December 1, 2019. First reading January 8, 2020. Second reading January 16, bill referred to General Laws Committee.

2. Prefiled December 2, 2019. First reading January 8, 2020. Second reading January 9, bill referred to Judiciary Committee. Public hearing held January 28. PASSED Judiciary Committee 16-0 on February 11, referred to Rules Committee. PASSED Rules Committee 8-1 on February 13, referred to Fiscal Review. PASSED Fiscal Review 9-0 on March 2. PASSED House 134-17 on March 2 and reported to the Senate.

3. Prefiled December 12, 2019. First reading January 8, 2020. Second reading January 9. The bill was referred to the House Special Committee on Criminal Justice on February 27, which conducted a public hearing on the bill on March 5.

4. Prefiled January 2, 2020. First reading January 8. Second reading January 9. The bill was referred to the House Special Committee on Criminal Justice on February 27, which conducted a public hearing on the bill on March 5.

1. LB 44 would eliminate the death penalty as a punishment for first-degree murder.

2. LB 207 would establish a Death Penalty Defense Standards Advisory Council to examine the current capital defense system in Nebraska and develop guidelines and standards for capital defense representation.

3. LB 238 would change provisions relating to witnessing executions to make executions more transparent.

1. Introduced on January 10, 2019 and referred to the Judiciary Committee on January 14. The Committee conducted a hearing on the bill on March 7 and on March 15 voted 5-2 to advance the bill to the full Senate. Sen. Chambers designated the bill a priority bill and it was placed on “general file” on March 18. By a vote of 25-17 on April 25, it failed to advance to second consideration but was carried over to the 2020 legislative session on January 8, 2020.

2. Introduced on January 11, 2019 and referred to the Judiciary Committee on January 15. The Committee conducted a hearing on the bill for March 7. The bill was carried over to the 2020 legislative session on January 8, 2020.

3. Introduced on January 14, 2019 and referred to the Judiciary Committee on January 16. The Committee conducted a hearing on the bill for March 7, 2019. The bill was place on “general file” on May 23, then carried over to the 2020 legislative session January 8, 2020, where it advanced to second consideration by a vote of 33-7 on February 13, 2020.

1. A 6114 would reinstate the death penalty.

2. A 7222/S 4320/S 1995/A 6822 would formally remove the death penalty from New York law.

1. Referred to Codes, February 28, 2019.

2. A 7222 referred to Codes, April 12, 2019. S 4320 referred to Codes March 7, 2019. S 1995 referred to Codes January 18, 2019. A 6822 referred to Codes March 20, 2019.

1. HB 587 would repeal the death penalty.

2. SB 668 prohibits the death penalty for defendants with “severe mental disability” at the time of the crime.“Severe mental disability” is defined as “any mental disability or defect that significantly impairs a person’s capacity to do any of the following: (i) appreciate the nature, consequences, or wrongfulness of the person’s conduct in the criminal offense, (ii) exercise rational judgment in relation to the criminal offense, or (iii) conform the person’s conduct to the requirements of the law in connection with the criminal offense.”

1. Filed April 3, 2019. Referred to Committee on Judiciary.

2. Filed April 3, 2019. Referred to Committee on Rules and Operations.

HB 136/SB 54 would prohibit the death penalty for defendants with serious mental illness.

PASSED the Senate, with amendments, on December 9 by a vote of 27-3. House approved Senate amendments on December 17.

SIGNED by Gov. DeWine on January 9, 2021.

1. HB 577 would allow a sentence of death if at least 11 jurors find an aggravating circumstance and no mitigating circumstance.

2. SB 848 & HB 2211 would prohibit imposition of the death penalty and make murder in the first degree punishable only by a sentence of life without parole.

1. Referred to Judiciary Committee, February 28, 2019.

2. SB 848 introduced on September 5, 2019 and referred to the Senate Judiciary Committee.

HB 2211 introduced on January 14, 2020 and referred to the House Judiciary Committee

1. H 3301 & S 0176 would make electrocution the default method of execution, but would allow prisoners to select execution by lethal injection if lethal injection is available. It also adds firing squad as a backup method of execution.

2. H 3354 would prevent disclosure of identities of members of the execution team, including providers of lethal-injection drugs or medical supplies.

3. S 0047 would abolish the death penalty and life without parole for juvenile offenders. (Juvenile offenders are ineligible for the death penalty under the U.S. Supreme Court’s 2005 ruling in Roper v. Simmons.)

4. S 0058 would abolish the death penalty.

1. H 3301 prefiled and referred to the House Committee on Judiciary, December 18, 2018. S 0176 prefiled and referred to the Senate Committee on Corrections and Penology, December 12, 2018. PASSED the Senate by a vote of 26-13 on January 30, 2019 and advanced to consideration by the House. It was referred to the House Judiciary Committee on January 31. The committee conducted a hearing on the bill on March 3, 2020, rejected an amendment to make the bill apply prospectively only, and voted to approve the bill.

2. Prefiled and referred to the Committee on Judiciary, December 18, 2018. It was formally introduced and referred to committee on January 8, 2019.

3. Prefiled and referred to the Committee on Judiciary, December 12, 2018. It was formally introduced and referred to committee on January 8, 2019.

4. Prefiled and referred to the Committee on Judiciary, December 12, 2018. It was formally introduced and referred to committee on January 8, 2019.

HB 1455/SB 1124 would exclude defendants with severe mental illness from the death penalty.

HB1455/SB1124 were introduced February 6, 2019. HB1455 was referred to the House Judiciary Committee on February 11 and assigned to the Criminal Justice Subcommittee on February 13. It was favorably reported out of subcommittee on March 13. PASSED Judiciary Committee by a voice vote on March 11.

SB1124 was referred to Senate Judiciary Committee on February 11, 2019.

1. HB 85/SB 449 would abolish the death penalty, including for those currently sentenced to death.

2. SB 116/HB 280/HB 1386 would exempt defendants with severe mental illness from the death penalty.

3. SB 270 would make the identity of any entity that provides execution drugs public information subject to disclosure under the state Freedom of Information Act and in civil legal proceedings.

4. SB 331 would add murder committed on the grounds of a school or daycare to the category of capital murder.

5. SB 802 would impose a moratorium on executions until a subcommittee studies the issue and presents a report and recommendations.

1. HB 85 prefiled December 10, 2019 and referred to Committee for Courts of Justice. SB 449 prefiled and referred to Committee on Judiciary, January 7, 2020. Judiciary Committee held a hearing on SB 449 on January 29. The committee voted 9-6 on February 5 to continue the bill to the 2021 session, meaning no further action will be taken in 2020.

2. SB 116 prefiled December 14, 2019. HB 280 prefiled December 30, 2019 and referred to Committee for Courts of Justice. HB 1386 prefiled January 8, 2020 and referred to Committee for Courts of Justice.

SB 116 reported out of Senate Judiciary Committee, 9-4 on January 27, 2020. PASSED the full Senate by a vote of 32-7 on January 30.

3. SB 270 prefiled January 3, 2020 and referred to the Senate Committee on Education and Health. Replaced with a substituted version and favorably reported out of committee by a vote of 11-3 on January 30. PASSED by the full Senate by a vote of 21-19 on February 4.

SB 270 was placed on the House calendar and referred to the Committee on Health, Welfare and Institutions on February 13. It was reported out of committee by a vote of 13-9 on February 25.

PASSED the House 53-45 on March 3. Senate approved House amendments 22-17. SIGNED by the governor on April 11, 2020.

4. Prefiled and referred to Committee on Judiciary, January 6, 2020. Passed by indefinitely, January 27.

5. Prefiled and referred to Committee on Judiciary, January 8, 2020. Hearing held January 29.

1. SB 5339/HB 1488 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.

2. SB 5364/HB 1709 would reinstate the death penalty for people who commit murder while incarcerated.

1. SB 5339 introduced on January 17, 2019 and referred to the Senate Committee on Law & Justice. After a public hearing on February 5, the bill Passed the committee on February 7 with 4-1 recommendation, 2019. The bill PASSED the State Senate on February 15 by a vote of 28-19. It was referred to the House Committee on Public Safety on February 18, which conducted a public hearing on the bill on March 25 and voted to PASS the bill on April 1.

Reintroduced in the 2020 session on January 23, 2020. PASSED the Senate on January 31, 2020 by a 28-18 vote. Referred to the House Committee on Public Safety on February 3, where a hearing was held on February 24. PASSED House Committee on Public Safety by a 7-3 vote on February 27. Failed to come up for a vote in the full House by the March 7 deadline for consideration in the 2020 legislative session.

HB 1488 introduced on January 23, 2019 and referred to the Committee on Public Safety.

2. SB 5364 introduced January 18, 2019 and referred to Law & Justice Committee. HB 1709 introduced on January 29, 2019 and referred to Committee on Public Safety.

1. HR 99 would provide additional aggravating factors for the imposition of the death penalty based on the status of the victim.

2. HR 4022 (Federal Death Penalty Abolition Act) would abolish the federal and military death penalty, and commute existing federal and military death sentences to life without parole.

3. HR 4052 would abolish the federal death penalty and provides for resentencing of those currently sentenced to death.

4. HR 3980/S 2264 would require that, when a capital jury does not reach a unanimous sentencing recommendation, a new jury would be impaneled. If the new jury is also not unanimous, the court is barred from imposing a death sentence.

1. Introduced January 3, 2019.

2. Introduced July 25, 2019. Referred to Committee on Judiciary and Committee on Armed Services.

3. Introduced on July 25, 2019. Referred to Committee on Judiciary.

4. Both bills introduced on July 25, 2019, referred to Committee on the Judiciary.