March 12, 2009 |
2009-R-0151 | |
PROPOSED CHANGES TO DEATH PENALTY LAWS IN 2007 AND 2008 | ||
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By: Christopher Reinhart, Senior Attorney | ||
You asked for information on bills or amendments that proposed changes to the death penalty laws in 2007 and 2008.
We found three bills and 11 amendments that proposed changes to the death penalty laws during the 2007 and 2008 regular legislative sessions and the January 2008 Special Session. We also found one proposal considered by the Judiciary Committee at a hearing in November 2007 while the General Assembly was not in session. Of these 15 bills, amendments, and proposals, seven would have repealed the death penalty, five would have reformed post-conviction proceedings (appeals, habeas corpus petitions, and DNA testing), two would have changed provisions of the death penalty sentencing hearing, and one would have expanded the crime of capital felony.
The table below displays these bills, amendments, and proposals organized by year. It provides a brief explanation of each as well as information on any legislative action taken on them.
Bill of Amendment |
Summary |
Status |
2007 Regular Session | ||
SB 1027 |
The bill (1) places more weight on mitigating factors concerning the defendant's character and the nature and circumstances of the crime and less weight on those concerning the defendant's history or background when determining whether to impose the death penalty in a sentencing hearing and (2) limits the bars to imposing the death penalty to only that the defendant was under age 18 or was mentally retarded at the time of the offense. |
Proposed bill, no action |
HB 7365 |
The bill requires the court, in a death penalty sentencing hearing, to discharge the jury and sentence the defendant to life imprisonment without the possibility of release if the jury cannot reach a unanimous verdict. |
Judiciary Committee JF, no action by House |
Amendment LCO 7287 |
The amendment repeals the death penalty by (1) converting all existing death sentences to life without possibility of release and (2) replacing the crime of capital felony with the crime of murder with special circumstances punishable only by life without possibility of release without an option of imposing a death sentence. |
Uncalled |
Amendment LCO 7464 |
The amendment (1) sets deadlines in post-conviction proceedings in death penalty cases (appeals and habeas corpus petitions), (2) sets conditions for subsequent habeas petitions, (3) requires designation of a single judge for death penalty habeas applications, and (4) loosens the standards governing death row prisoners' requests for DNA testing. |
Uncalled |
Amendment LCO 7966 |
The amendment (1) sets deadlines in post-conviction proceedings in death penalty cases (appeals and habeas corpus petitions), (2) sets conditions for subsequent habeas petitions, (3) requires designation of a single judge for death penalty habeas applications, and (4) loosens the standards governing death row prisoners' requests for DNA testing. |
Uncalled |
Amendment LCO 7999 |
The amendment repeals the death penalty by (1) converting all existing death sentences to life without possibility of release and (2) replacing the crime of capital felony with the crime of murder with special circumstances punishable only by life without possibility of release without an option of imposing a death sentence. |
Called as House “A,” ruled not germane |
Amendment LCO 8840 |
The amendment (1) requires the courts to track requests for hearings for DNA testing by those sentenced to death, (2) sets deadlines in post-conviction proceedings in death penalty cases (appeals and habeas corpus petitions), (3) sets conditions for subsequent habeas petitions, (4) requires designation of a single judge for death penalty habeas applications, and (5) loosens the standards governing death row prisoners' requests for DNA testing. |
Uncalled |
Amendment LCO 9012 |
The amendment repeals the death penalty by (1) converting all existing death sentences to life without possibility of release and (2) replacing the crime of capital felony with the crime of murder with special circumstances punishable only by life without possibility of release without an option of imposing a death sentence. |
Uncalled |
Bill of Amendment |
Summary |
Status |
Amendment LCO 9014 |
The amendment repeals the death penalty by (1) converting all existing death sentences to life without possibility of release and (2) replacing the crime of capital felony with the crime of murder with special circumstances punishable only by life without possibility of release without an option of imposing a death sentence. |
Uncalled |
Amendment LCO 9039 |
The amendments expands the crime of capital felony by adding offenses that include an element of using or attempting or threatening to use physical force against someone when the offender uses a stolen firearm. |
Called as House “D,” failed by a vote of 11 to 138 |
Judiciary Committee November 27, 2007 Hearing | ||
Proposal No. 5 |
Among other things, the proposal (1) sets deadlines in post-conviction proceedings in death penalty cases (appeals and habeas corpus petitions), (2) sets conditions for subsequent habeas petitions, (3) requires designation of a single judge for death penalty habeas applications, and (4) loosens the standards governing death row prisoners' requests for DNA testing. |
One of proposals heard at Judiciary Committee hearing (while the legislature was not in session) |
January 2008 Special Session | ||
Amendment LCO 10100 |
The amendment repeals the death penalty by (1) converting all existing death sentences to life without possibility of release and (2) replacing the crime of capital felony with the crime of murder with special circumstances punishable only by life without possibility of release without an option of imposing a death sentence. |
Called as House “D”, failed by a vote of 49 to 89 |
2008 Regular Session | ||
SB 320 |
The bill (1) sets deadlines in post-conviction proceedings in death penalty cases (appeals and habeas corpus petitions), (2) sets conditions for subsequent habeas petitions, and (3) requires designation of a single judge for death penalty habeas applications. |
Judiciary Committee public hearing, no further action |
Amendment LCO 4968 |
The amendment repeals the death penalty by (1) converting all existing death sentences to life without possibility of release and (2) replacing the crime of capital felony with the crime of murder with special circumstances punishable only by life without possibility of release without an option of imposing a death sentence. |
Uncalled |
Amendment LCO 5580 |
The amendment repeals the death penalty by (1) converting all existing death sentences to life without possibility of release and (2) replacing the crime of capital felony with the crime of murder with special circumstances punishable only by life without possibility of release without an option of imposing a death sentence. |
Uncalled |
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