 | |
APPENDIX D
STATE LEGISLATIVE ACTIVITY SUMMARY (SELECTED BILLS)
JANUARY 1997 - AUGUST 1998
| CAPITAL JURISDICTION | BILL NO. AND DATE | PURPOSE OF BILL | DISPOSITION | COMMENTS |
| Alabama | HB 18
1/98 SB125 1/98 SB 67 1/98 |
To extend "aggravating factors" to include multiple murders and serial murders. | HB 18-died at end of session.
SB 125-died at end of session. SB 67-pending in Senate Committee on Judiciary as of 9/98. |
|
|
Alabama |
HB 184
1/98 SB 62 1/98 |
To eliminate appeal to the Court of Criminal Appeals; to provide for direct appeal to state Supreme Court. |
HB 184-died at end of session. SB 62-died at end of session. |
|
|
Alabama |
HB 64
1/98 |
To provide for lethal injection. |
Passed House; died at end of session. |
State Senator Hank Sanders is sponsoring an amendment to this bill incorporating the ABA resolution. |
| Alabama | SB 424
1/98 HB 552 1/98 |
To provide for death penalty or life imprisonment for second conviction of aggravated 1st degree rape or sodomy. | Both bills died in House Judiciary Committee. | |
|
Alabama |
HB 458
1/98 |
To raise court-appointed counsel fees and to eliminate the cap on fees in death penalty cases. | Passed 4/27/98. Pocket vetoed by Governor. | A pocket veto occurs when the Governor takes no action within the 10-day limit and the bill expires. |
| Arizona | HB 2210
1/98 |
To expand appointment mechanism and compensation of postconviction counsel from $7500 to a maximum of $100/ hour for up to 200 hours, with the possibility of an additional $100/hour maximum on showing of good cause. | Passed; signed by Governor 5/19/98. | |
|
Arkansas |
HB 1065
1/97 |
To extend "aggravating factors" to include age of minor victims. | Died in Senate Judiciary Committee. | |
|
Arkansas |
ACT 925
1/97 |
To create "Arkansas Effective Death Penalty Act of 1997" to provide for appointment and compensation of postconviction counsel and to provide for time limitations in capital postconviction proceedings. |
Passed 3/31/97. Signed by Governor and effective 3/31/98. |
|
|
Arkansas |
ACT 263
1/97 |
To permit victim's family to view execution. | Passed 2/25/97. Signed by Governor and effective 8/1/97. | |
|
California |
AB 490
2/97 |
To extend "aggravating factors" to include age of victim under 14 years. |
Passed Assembly; died at end of session. |
|
|
California |
SB 513
2/97 |
To approve a state Capital Habeas Resource Center and to raise fees for court-appointed counsel for capital appeals. | Passed; signed by Governor 10/11/97. | |
|
California |
AB 566
2/97 |
To require state prison wardens to invite victim=s family to view execution. | Passed 7/3/97; signed by Governor 7/21/97. | |
|
California |
AB 2391
2/98 |
To make child sexual abuse potentially punishable by death if voters approve related initiative. | Pending in Assembly Public Safety Committee as of 9/98. | |
|
California |
SB 2221
2/98 |
To permit death penalty for second rape conviction, molestation of child under 14 years. | Pending in Senate Public Safety Committee as of 9/98. | |
|
California |
AB 1538
2/98 |
To extend aggravating circumstances to include street gang activity leading to murder. | Passed Assembly; pending in Senate Public Safety Committee as of 9/98. | |
|
Colorado |
HB 1225
1/97 |
To speed postconviction process by combining and reducing number of proceedings in Class 1 Felony cases. | Passed; signed by Governor 6/4/97. | |
|
Connecticut |
HB 7054
3/97 |
To provide procedures for selecting representatives of the news media to witness executions. |
Passed; signed by Governor 6/24/97.
|
|
|
Connecticut |
SB 215
2/98 |
To grant the governor authority to commute death sentences to life imprisonment without parole. |
Died in Judiciary Committee.
|
|
|
Connecticut |
SB 519
3/98 |
To prohibit a judge who signed the arrest warrant in a case from subsequently presiding at the probable cause hearing in that case. |
Died in Judiciary Committee. | |
|
Delaware |
|
|
No bills introduced in 1997 or 1998. |
|
| Florida | HB 1091
3/97 |
To replace Office of Capital Collateral Representative with three Capital Collateral Regional Counsels. | Passed; signed by Governor. Effective 6/16/97. | |
|
Georgia |
HB 801
2/98 |
To provide for the death penalty for rape and aggravated sodomy of victims under 12 years. | Passed House. Died in Senate Judiciary Committee. | |
|
Idaho |
SB 1221
2/97
|
To provide for a specific process for consideration and hearing of commutation or pardon requests of death row inmates. |
Died in Senate. |
|
|
Idaho |
HB 477
1/98 |
To permit counties to establish a capital crimes defense fund to defray the costs of public defense of indigent capital defendants and to create the position of state appellate public defender. |
Vetoed by Governor 3/20/98.
|
|
|
Idaho |
HB 840
3/98 |
To create position of state appellate public defender. |
Passed; signed by Governor 3/25/98. Effective 7/1/98. | |
|
Idaho |
HB 483
1/98 |
To require the prosecutor to give notice of intention to seek death penalty no later than 30 days after entry of a plea. | Passed; signed by Governor 3/19/98.
Effective 7/1/98. |
|
|
Illinois |
HB 2138
3//97 |
To allow prisoners, including death row inmates, to use DNA evidence as grounds for appeal. | Passed; signed by Governor 7/23/97. Effective 1/1/98. | |
|
Illinois |
HR 121
10/97 |
To impose a moratorium on executions until an independent commission can study the death penalty process, recommend reforms, and see that reforms are implemented. | Died in House Rules Committee. | ABA member Jerold S. Solovy testified before the House Human Services Committee. He stressed the present danger of wrongfully executing the innocent and addressed the issues of inadequate legal representation, racial discrimination, and misconduct by police, prosecutors, and judges. |
| Indiana | HB 2005
1/97 |
To permit warden to prohibit inmate's witness from viewing execution for safety/ security reasons. |
Died in House Courts and Criminal Code Committee. |
|
|
Indiana |
SB 312
1/98 |
To extend aggravating circumstances to include hate crimes. |
Died in Senate Judiciary Committee. |
|
|
Indiana |
SB 265
1/98 |
To extend aggravating circumstances to include child rape. | Died in Senate Judiciary Committee. | |
|
Kansas |
HB 2169
2/97 |
To abolish the death penalty. |
Stricken from the calendar; killed for 1997. | |
|
Kansas |
SB 550
2/98 |
To abolish the death penalty. | In Senate Judiciary Committee; failed to meet deadline and will not advance in 1998. | |
|
Kentucky |
HB 27
1/98 |
Mandates that lethal injection be the sole method of execution inmates sentenced after 6/1/98. Allows those sentenced prior to 6/1/98 to choose between electrocution and lethal injection. | Passed; signed by Governor 3/31/98. | |
|
Kentucky |
Racial Justice Act
4/98 |
To permit defendants to challenge prosecutors seeking the death penalty by using statistical evidence of racial disparities in prosecutorial discretion. | Passed; signed by Governor 4/2/98. Effective 7/15/98. | The Kentucky Bar Association took no position on this legislation. |
| Louisiana | SB 774
3/97 |
To provide for the death penalty for second carjacking conviction. | Died in Senate Judiciary Committee. |
|
|
Louisiana |
SB 775
3/97 |
To provide for the death penalty for assault by drive-by shooting. | Died in Senate Judiciary Committee. | |
|
Maryland |
HB 482
2/98 SB 165 1/98 |
To form a Commission on the Fair Imposition of the Death Penalty. | HB 482 -died in House Judiciary Committee.
SB 165 -died in Senate Judiciary Committee. |
|
|
Mississippi |
HB 486
2/97 |
To make any crime during which a firearm is discharged a capital offense, even if no death results. |
Died in House Judiciary Committee.
|
|
|
Mississippi |
HB 543
2/97 |
To provide a mandatory death sentence for any adult defendant convicted of the rape of a child under age 14. |
Died in House Judiciary Committee.
|
|
|
Mississippi |
HB 558
2/97 |
To provide a mandatory death sentence for capital murder, rape of a child under age 14, and armed robbery. | Died in House Judiciary Committee. | |
|
Mississippi |
HB 1060
SB 2912 2/97 |
To eliminate the death penalty for mentally retarded defendants. |
HB 1060 -died in House Judiciary Committee. SB 2912 -died in Senate Judiciary Committee. |
|
|
Mississippi |
SB 2870
3/98 |
To require the state bar to develop a list of attorneys who are experienced in representing capital defendants, encourage the circuit judges to appoint an attorney from this list, and pay these attorneys an hourly rate based on the salary of district attorneys. |
Died in Senate Judiciary Committee.
|
|
|
Mississippi |
SB 2871 2/98 |
To amend the procedures to provide that executions should occur at 6:00 p.m. and to permit the victim's family to be witnesses. |
Passed; signed by Governor 3/16/98. | |
|
Mississippi |
SB 2873 2/98
|
To require the state Supreme Court to decide all death penalty appeals within 270 days. |
Died in Senate Judiciary Committee. | |
|
Mississippi |
SB 2874
4/98 SB 3127 4/98
|
To provide for lethal injection as the sole method of execution.
|
Died in Senate Judiciary Committee. |
|
|
Mississippi |
SB 2876
3/98 |
To extend aggravating circumstances to include multiple deaths, murder of a witness to another crime, a handicapped or elderly victim, or a peace officer or fireman. | Died in Senate Judiciary Committee. | |
|
Mississippi |
SB 2899
3/98 |
To prohibit execution of the mentally retarded.
|
Died in Senate Judiciary Committee. |
|
|
Mississippi |
SB 3008 2/98
|
To permit the victim's survivors to make an impact statement prior to sentencing. |
Died in Senate Judiciary Committee. | |
|
Missouri |
HB 1670
3/98 |
To permit the commutation of death sentences to life in prison without parole for inmates who agree to donate kidneys or bone marrow. | A public hearing was held in March 1998. House Criminal Law Committee voted the proposal down. | |
|
Montana |
HB 127
12/96 |
To adopt sentencing standards established by federal anti-terrorist laws. | Died in House Judiciary Committee. |
|
|
Montana |
HB 222
1/97 |
To adopt " standards of the Federal Anti-terrorism and Effective Death Penalty Act of 1996". |
Passed; signed by Governor 4/24/97. |
|
|
Montana |
SB 202
1/97 |
To allow death penalty for second conviction of some drug offenses. |
Died in Senate Judiciary Committee. |
|
|
Montana |
SB 201
1/97 |
To introduce death penalty for second rape conviction where victim suffered serious bodily injury. | Passed; signed by Governor 4/18/98. | |
|
Nebraska |
LB 331
2/97 |
To abolish the death penalty and create life imprisonment without possibility of parole.
|
Died in Judiciary Committee. The bill can be reintroduced when the legislature convenes in 1999. |
|
|
Nebraska |
LB 422
1/97 |
To amend aggravating factors for first degree murder to include murder of law enforcement officer prior to suspect being in custody of law enforcement officer. | Passed; signed by Governor 4/18/98. | |
|
Nebraska |
LB 1266
1/98 |
To prohibit execution of the mentally retarded. | Passed; signed by
Governor 4/18/98. |
|
|
Nevada |
SB 497
7/97 |
To provide $120,000 to the National Judicial College for the establishment of a Death Penalty Resource Center. |
Passed; signed by Governor 7/17/97. |
|
|
Nevada |
SB 281
4/97 |
To amend Aaggravating circumstances@ definition in Section 200.033 to include previous violent felony convictions, use of a weapon hazardous to more than one person, murder committed in course of another crime, murder for hire, murder to escape arrest or imprisonment, murder of peace officer or minor under age 14, murder committed as a hate crime, murder involving torture, mutilation, or rape. | Passed; signed by Governor 7/8/97. | |
|
New Hampshire |
HB1025
1/98 SB 477 1/98 |
To amend the current death penalty statute to include specific "particularly heinous" murders. | HB 1025 -passed in committee, but failed in
the House; cannot be taken up again until the legislature convenes in 1999.
SB 477-passed the Senate, but the attempt to introduce in the House failed on 3/19/98. |
ABA Board of Governors member Jack Middleton testified before the N.H. State Legislature on 2/18/98. He specifically addressed the needs to safeguard against executing the innocent and to ensure adequate legal representation. |
| New Jersey | AB 125
1/98 |
To permit jury to consider defendant's prior criminal history in its sentencing phase. |
Pending in Assembly Judiciary Committee as of 9/98.
|
A similar bill died in committee during the 1996-97 legislative session. |
| New Jersey | ACR 13
1/98
|
To amend the state constitution to permit mentally competent convicted defendants to waive certain postconviction proceedings and allow their death sentences to be carried out. |
Pending in Assembly Judiciary Committee as of 9/98. |
A similar resolution passed the Assembly during the 1996-97 legislative session, but died in the Senate. |
|
New Jersey |
SB 149 1/98 |
To permit the death penalty for the leader of a narcotics trafficking network. |
Pending in Senate Judiciary Committee as of 9/98. |
Similar legislation died in committee during the 1996-97 session. |
|
New Jersey |
SB 947
3/98 |
To amend aggravating factors to include the violation of a domestic violence restraining order. |
Pending in Senate Law and Public Safety Committee as of 9/98. |
A similar bill passed the Senate during the 1996-97 legislative session, but died in an Assembly committee. |
|
New Jersey |
SCR 19 2/98 |
To prohibit a public defender from appealing the death sentence of a mentally competent client who refuses appeals and requests that the death sentence be carried out. | Pending in Senate Judiciary Committee as of 9/98. | A similar bill passed the Assembly during the 1996-97 session, but died in a Senate committee. |
|
New Mexico |
HB 91
1998 |
To fund a study of proportionality in death penalty sentencing. | Passed House Judiciary Committee. Died in House Appropriations and Finance Committee. | |
|
New York |
SB 7533
5/98 |
Relates to provision of counsel in capital trials and appeals. | Passed Senate; died in Assembly Judiciary Committee. | Governor Pataki has proposed introducing evidence of prior convictions as an aggravating factor during the penalty phase and giving the final closing remarks to the jury during the penalty phase to the prosecution. |
| North Carolina | HB 336
2/97 |
To permit members of a victim=s family to witness execution. | Passed; signed by Governor 5/22/97. | |
|
Ohio |
HB 5
1/97
|
To modify definitions of felony murder and aggravated murder. |
Passed; signed by Governor 3/31/98. Effective 6/30/98. |
|
|
Ohio |
HB 4
1/97 |
To amend aggravating factors to include age of victim 13 or under. |
Pending in House Criminal Justice Committee as of 9/98. |
|
|
Ohio |
SB 32
1/97 |
To expand crime of aggravated murder to require that the offender have 1) purpose 2) to cause the death of victim under 13 and 3) that the defendant either be the principal offender or have prior calculation or design. | Passed; signed by Governor 5/17/97. Effective 8/6/97. | |
|
Ohio |
HB 86
1/97 |
To amend aggravating factors to include murder in cruel or depraved manner. |
Pending in House Criminal Justice Committee as of 9/98. |
|
|
Ohio |
SB 129
5/97 |
To provide option of life without parole for murder of peace officer. |
Pending in Senate Judiciary Committee as of 9/98. | |
|
Ohio |
SB 193
11/97 |
To add murder of peace officer as aggravating factor. | Passed Senate; pending in House Criminal Justice Committee as of 9/98. |
|
|
Ohio |
HB 120 | To expand aggravated murder to include causing death through use of a deadly weapon. | Pending in House Criminal Justice Committee as of 9/98. |
|
|
Ohio |
SB 107 | To modify law governing execution of death penalty regarding offenders who are insane or pregnant. To allow judge discretion regarding defendant=s post-capital sentence motion to use minor defendant=s age as mitigating factor. | Passed; signed by Governor 4/29/98. Effective 7/29/98. | |
|
Ohio |
HB 151
1/97 |
To amend "aggravating factors" to include prison guards as law enforcement officers. | Passed; signed by Governor 6/17/97. Effective 9/16/97. | |
|
Oklahoma |
SB 657
2/97 |
To permit the death penalty for a church burning resulting in death. |
Died in Senate Appropriations Committee.
|
|
|
Oklahoma |
SB 648 2/97 | To permit the death penalty for convicted drug traffickers. | Died in Senate Veterans and Military Affairs and Public Safety Committee. | |
|
Oklahoma |
HB 1794
2/97 HB 2939 2/98 HB 3298 2/98 |
To include provision for death penalty for drug trafficking in some circumstances. |
HB 179-died in Senate Judiciary Committee. HB 2939 and HB 3298-died in House Criminal Justice Committee. |
|
|
Oklahoma |
HB 1612
2/97 |
To provide the death penalty for persistent offenders in some circumstances. |
Died in House Rules Committee. |
|
|
Oklahoma |
HB 1614
2/97 |
To modify aggravating factors. |
Died in Senate Judiciary Committee. |
|
|
Oklahoma |
HB 2387
2/98 |
To amend execution procedures to permit various state officials to designate representatives to attend executions in their stead. | Passed; signed by Governor 4/28/98. | |
|
Oregon |
SB 614
3/97 |
To amend "aggravating factors" to include the age of a victim under 14 years. | Passed; signed by Governor 8/13/97. Effective 10/4/97. | The legislature did not meet in 1998. |
| Pennsylvania | SB 152
1/97 |
To bring appeals of certain classes of cases, including automatic review of death sentences, directly to the State Supreme Court. |
Pending in Senate Judiciary Committee as of
9/98.
|
|
|
Pennsylvania |
SB 153
1/97 HB 187 2/97 |
To prohibit execution of the mentally retarded. |
SB 153 -pending in Senate Judiciary Committee as of 9/98. HB 187 -pending in House Judiciary Committee as of 9/98. |
|
|
Pennsylvania |
SB 154
1/97
|
To eliminate death sentences for defendants who were 17 years of age or younger at the time of the crime. |
Pending in Senate Judiciary Committee as of
9/98.
|
|
|
Pennsylvania |
SB 156
1/97
|
To permit the Governor to grant pardons and commute sentences of death or life imprisonment only on the unanimous recommendation of the Board of Pardons. |
Passed by Joint Resolution and placed on ballot. Approved by electorate 9/4/97. |
|
|
Pennsylvania |
SB 151
1/97
|
To amend the state constitution to abolish the death penalty.
|
Pending in Senate Judiciary Committee as of 9/98. |
|
|
Pennsylvania |
SB 555
2/97 |
To give the State the same right to trial by jury as the accused. |
Passed by Joint Resolution; will appear on ballot 11/98. |
|
|
Pennsylvania |
SB 423
6/97 |
To require the state Supreme Court to affirm death sentences unless it determines that the sentence was arbitrary, there was evidence of any aggravating circumstance, or the sentence is excessive or disproportionate. If the Supreme Court vacates the death sentence for any of these reasons, it shall remand for further proceedings. |
Passed; signed by Governor and effective 6/25/97.
|
|
|
Pennsylvania |
SB 838
12/97 SB 1079 9/97 |
To amend aggravating circumstances to include the killing of a "good Samaritan" who has come to the aid of a third party against whom the defendant was committing a violent crime. | SB 838 -passed the Senate; pending in the House Judiciary Committee as of 9/98. SB 1079 -pending in Senate Judiciary Committee as of 9/98. | |
|
South Carolina |
H 4470 1/98 |
To motivate the federal judiciary to issue timely orders in death penalty cases so as to avoid unnecessary delays in execution. |
Died in the House Invitations and Memorial Resolutions Committee. |
|
|
South Carolina |
H 4565
2/98 |
To give the final determination of sentence, ranging from a mandatory minimum of 30 years to the death penalty, to the trial court judge except where the jury has found aggravating circumstances and voted for the death penalty. | Died in the House Judiciary Committee. | |
|
South Dakota |
|
|
No bills introduced. |
|
| Tennessee | HB 2085
1/98 |
Mandates that lethal injection be the sole method of execution for crimes committed after 1/1/99. Allows those convicted of crimes that occurred prior to 1/1/99 to choose between electrocution and lethal injection. | Passed; signed by Governor 5/18/98. | |
|
Texas |
SB 493
2/97 |
To expand definition of capital murder to include hate crimes. | Died in Senate Criminal Justice Committee. | |
|
Utah |
HB 48
1997 |
To set new death penalty standards and to give the jury the option of life imprisonment without parole. | Passed; signed by Governor 3/21/97. Effective 5/5/97. |
|
|
Utah |
HB 60
1997 |
To provide for postconviction remedies in death penalty cases and for the appointment and payment of counsel. |
Passed; signed by Governor 3/7/97. Effective 5/5/97. |
|
|
Utah |
HB 306
1998 |
To amend the procedure for jury participation in capital sentencing. | Passed; signed by Governor 3/14/98. Effective 5/4/98. | |
|
Virginia |
HB 2621
1/97 |
To make murder of pregnant woman with intent to kill fetus a capital crime. | Died in House. | |
|
Washington |
HB 1394
1/97 HB 2828 1/98 |
To modify eligibility requirements for witnesses to execution. | Died in House Criminal Justice Committe. | |
|
Washington |
HB 1406
1/97 |
To provide the death penalty for defendants 16 years of age and over. |
Died in House Law and Justice Committee. |
|
|
Washington |
SB 5093
1/97 |
To repeal the requirement that the state Supreme Court conduct a proportionality review of each death sentence.
|
Vetoed by Governor on 4/24/97. |
The Governor=s veto message states that, while the Governor is "a strong supporter of the death penalty," he believes the proportionality review is an important safeguard. |
|
Washington |
SB 5190
1/97 |
To deny organ transplants to most death row inmates.
|
Died in Senate Rules Committee. |
|
|
Wyoming |
|
|
No bills introduced. |