Death Penalty State Legislation 2003

Death Penalty Study Commissions – 10 states considered legislation to establish a commission to study death penalty issues, some in conjunction with a moratorium; all were in House and/or Senate committees: Connecticut, Louisiana, Maryland (to study prosecutorial guidelines), Missouri, New Jersey (to investigate disparities), New York, Oregon, Pennsylvania, Tennessee, Texas.

Update: Maryland and New Jersey passed their respective legislation, but the govenors of both states vetoed the legislation.

Moratorium – 11 states considered legislation: Arizona, Idaho, Kansas, Louisiana, Missouri, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Tennessee; Arkansas, Mississippi bills died in committee, Virginia bills passed by indefinitely in committees; Maryland bill passed House but failed Senate; North Carolina bill passed Senate and was referred to House committee; Texas bills were left indefinitely pending in Committee; rest of states’ bills are in House and/or Senate committees.

Update: In both Maryland and North Carolina, the House will continue to consider legilation.

Abolition- 9 states considered legislation: Arizona, Illinois, Indiana, Kentucky, Missouri, Nevada, New Jersey, New York, Pennsylvania; Maryland bill came out of committee with an unfavorable report; Mississippi House & Senate bills died in committee; Montana’s bill missed deadline; New Mexico, Nebraska, Virginia, Texas are indefinitely in committee or postponed.

Mental Retardation – In 2003 Utah and Idaho bill were signed into law; 13 states considered legislation: Alabama, Illinois, Indiana, Louisiana, Nevada, New Jersey, Ohio, Oregon, Pennsylvania, South Carolina, Texas, Virginia (bill establishing procedures for determining mental retardation passed Senate), Washington; Mississippi’s bill died in committee; Arkansas failed in committee but was under reconsideration; the remaining states’ bills are in committe of one or both houses.

Update: Pennsylvania is still considering mental retardation bill; Louisiana is considering changes to mental retardation bill that passed in 2003.

Juvenile Exclusion – 9 states considered active legislation: Alabama, Arizona, Delaware, Florida, Kentucky, Missouri, Nevada, Pennsylvania, South Dakota Senate passed, vote in House is scheduled; Arkansas bill died 8 votes short in House; Wyoming, Mississippi bills died in committee; Texas bill left pending in committee.

Update: South Dakota and Wyoming passed juvenile exclusion bills. New Hampshire passed bill in both House and Senate–although governor vetoed the bill, an overriding of the veto is being considered.

Update: Deleware and Lousiana are considering juvenile exclusion bills; Florida passed a jv exclusion bill.

Mental Impairment Exclusion – 4 states considered legislation; all were referred to House and/or Senate committees: Arizona, Mississippi, Nevada, New York.

Reinstatement of DP – Hawaii, Iowa, Wisconsin, Massachusetts, proposed reinstating death penalty. Hawaii: death penalty for certain crimes such as the murder of a minor under 12 years of age combined with torture, sexual assault; was introduced and passes first reading. Wisconsin: Assembly proposing advisory referendum on establishing the death penalty (referred to committee); Senate proposed bill providing for death penalty for intentional homicide; substitute amendment offered. Massachusetts: bills were in House & Senate to reinstate death penalty; also bill to reinstate death penalty for drug dealing has hearing scheduled.

Update: Massachussetts Governor’s appointed commission issued report with recommendations on “fool proof” death penalty bill, but no serious efforts have been takem to reinstate have occurred as a result of the report.

Limit/Reduce DP applicability – 4 states considered legislation: New Jersey, North Carolina, Pennsylvania, Nebraska’s House bill to prohibit death penalty on basis of race had notice of hearing and bill requiring proof to certainty was indefinitely postponed; bill prohibiting death penalty conviction on circumstantial evidence was scheduled for hearing; Mississippi, Montana bills died in committee;

Sentencing & Judiciary Discretion – Arizona, Florida (court can impose life sentence if aggravating circumstances), Idaho bill signed into law bill to determine whether statutory aggravating circumstances are found beyond a reasonable doubt and, if so, whether the death penalty should be imposed; set forth a mandatory minimum of life imprisonment if any statutory aggravating factor is found, and would require judges to inform potential jurors at the outset of jury selection if the death penalty is not a sentencing option, Maryland (appeals court would review death sentence to see if excessive), Massachusetts bill failed 3rd reading that would have changed standard of proof used in aggravating vs. mitigating factors from preponderance of evidence to beyond reasonable doubt; Missouri (limits judicial discretion when jury is unable to unanimously agree on death penalty), Nebraska (provides for jury determination on aggravating circumstances and changes provision relating to sentencing panel of judges), New Jersey (jury can consider defendants prior criminal history), Oregon (requires supreme court review and resentencing if death sentence deemed excessive), Texas (governor can reprieve; no death penalty conviction based on one person’s testimony is pending in committee).

DNA testing – Post-conviction testing signed in to law Colorado and New Mexico; passed Massachusetts Senate; died in Mississippi.