Legislative Roundup — Recent Legislative Activity as of March 7

Washington — A bill that would for­mal­ly remove Washington’s judi­cial­ly abol­ished death penal­ty from the state’s statute books has failed. SB 5339, which passed the state sen­ate on January 31 and was approved by the House Committee on Public Safety on February 27, did not come up for a vote on the floor of the state House of Representatives by the March 7 dead­line for con­sid­er­a­tion dur­ing the 2020 leg­isla­tive ses­sion. The fail­ure has no effect on the judi­cial abo­li­tion of the state’s death penal­ty in 2018. It was the sec­ond con­sec­u­tive year in which leg­isla­tive efforts to repeal the state’s uncon­sti­tu­tion­al death-penal­ty law failed to receive a vote in the full House.


Virginia — The Virginia House of Delegates vot­ed 53 – 45 on March 3 to approve leg­is­la­tion that would make pub­lic the iden­ti­ty of any enti­ty that pro­vides the com­mon­wealth with drugs for use in exe­cu­tions. Under the pro­pos­al, the iden­ti­ty of any out­sourc­ing facil­i­ty that enters into a con­tract with the Department for the com­pound­ing of drugs nec­es­sary to car­ry out an exe­cu­tion by lethal injec­tion … shall not be con­fi­den­tial” and would be sub­ject to dis­cov­ery in civ­il lit­i­ga­tion and under the Virginia Freedom of Information Act. By a vote of 22 – 17, the Virginia State Senate com­plet­ed leg­isla­tive pas­sage of the bill, agree­ing to amend­ments passed in the state House. The bill now advances to the gov­er­nor, who has sev­en days to sign it, veto it, or offer amendments.


South Carolina — The South Carolina House Judiciary Committee on March 3 approved a bill to make elec­tro­cu­tion the state’s default method of exe­cu­tion if lethal injec­tion drugs are unavail­able. SB 176 passed the state sen­ate by a vote of 26 – 13 on January 30, 2019. The House com­mit­tee reject­ed an amend­ment to make the bill apply only to future death sen­tences before vot­ing to approve the bill.


Missouri — The Missouri House Special Committee on Criminal Justice con­duct­ed pub­lic hear­ings on two death-penal­ty bills on March 5.

HB 1756 would bar the death penal­ty for defen­dants with severe men­tal ill­ness at the time of the offense. 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.