Legislative Roundup — Recent Legislative Activity as of March 14

Colorado — The Colorado leg­is­la­ture on March 13 trans­mit­ted to the gov­er­nor SB 20 – 100, which would repeal the state’s death penal­ty. Governor Jared Polis now has ten days in which to sign or veto the bill or allow it to become law with­out his signature.


Alabama — The Alabama House Judiciary Committee on March 12 amend­ed, approved, and referred to the full House a bill that would elim­i­nate one lev­el of state-court appeals in death penal­ty cas­es. As intro­duced, HB 275 would have vest­ed exclu­sive juris­dic­tion over cap­i­tal cas­es in the Alabama Court of Criminal Appeals and elim­i­nat­ed dis­cre­tionary review by the Alabama Supreme Court. The com­mit­tee sub­sti­tut­ed for that bill one that would elim­i­nate appeals to the Alabama Court of Criminal Appeals and vest exclu­sive juris­dic­tion in the Alabama Supreme Court. The sub­sti­tut­ed bill PASSED com­mit­tee on March 12

The Senate Judiciary Committee passed an iden­ti­cal sub­sti­tute ver­sion of the bill on February 27


Tennessee — By a voice vote, the Tennessee House Judiciary Committee on March 11 passed HB 1455, which would pro­hib­it the death penal­ty for indi­vid­u­als with severe men­tal ill­ness at the time of the offense. The bill defines severe men­tal ill­ness as a doc­u­ment­ed his­to­ry of schiz­o­phre­nia; schizoaf­fec­tive dis­or­der; bipo­lar dis­or­der with psy­chosis; major depres­sive dis­or­der with psy­chosis; or delu­sion­al dis­or­der and has symp­toms of psychosis.


Delaware — Two com­pet­ing death-penal­ty bills were intro­duced in the Delaware House of Representatives on March 12.

HB 299 would rein­state the death penal­ty for four aggra­vat­ing fac­tors: mur­der of three or more peo­ple, mur­der by some­one con­vict­ed of a pre­vi­ous mur­der, mur­der that was out­ra­geous­ly or wan­ton­ly vile, hor­ri­ble or inhu­man,” and mur­ders that qual­i­fy as hate crimes. It would revise the death sen­tenc­ing statute to meet the stan­dards of Hurst v. Florida and Rauf v. State.

HB 305 would amend the Delaware con­sti­tu­tion to pro­hib­it the death penal­ty. It requires a two-thirds vote of each house to pass. 


Florida — Sponsors of SB 938, one of two bills to abol­ish the death penal­ty, with­drew the bill on March 14 after leg­isla­tive lead­ers indi­cat­ed it would not be con­sid­ered dur­ing the 2020 legislative session.