Virginia Legislature and the Death Penalty

Bills from the 2005-2006 Virginia Legislative Session
Click here to find your representatives in the Virginia Assembly.

HB 45 - Juvenile Death Penalty Abolished
Patron: Del. Vincent F. Callahan, Jr.

Summary as introduced: Elimination of capital punishment for minors. Restricts the death penalty to those who are 18 years of age or older at the time of the capital offense. Currently, the age is 16 or older at the time of the offense.

Status:
12/12/05  House: Prefiled and ordered printed; offered 01/11/06 063408260
01/30/06  House: Reported from Courts of Justice (12-Y 10-N)
02/03/06  House: VOTE: PASSAGE (63-Y 34-N)
02/15/06  Senate: Reported from Courts of Justice (13-Y 2-N)
02/20/06  Senate: VOTE: (36-Y 4-N)
02/22/06  House: Bill text as passed House and Senate (HB45ER)

SB 362 - Juvenile Death Penalty Abolished
Patron: Sen. Patricia S. Ticer

Summary as introduced: Elimination of capital punishment for minors. Restricts the death penalty to those who are 18 years of age or older at the time of the capital offense. Currently, the age is 16 or older at the time of the offense. This change is being made in response to the case of Roper v. Simmons, 543 U.S. (2005), decided March 1, 2005, in which the U.S. Supreme Court held that the Eighth and Fourteenth Amendments forbid the execution of offenders who were under the age of 18 at the time of the crime.

Status:
01/11/06  Senate: Prefiled and ordered printed; offered 01/11/06 061241134
01/25/06  Senate: Reported from Courts of Justice (14-Y 1-N)
01/31/06  Senate: VOTE: (34-Y 3-N)
01/31/06  Senate: Communicated to House
02/16/06  House: Assigned Courts sub: Criminal Law
02/22/06  This bill was recommended by the Criminal Law Sub-Committee. 03/01/06  Before House Courts of Justice in 2nd hour of afternoon session

SB 552 - Destruction of Human Biological Evidence
Patron: Sen. Kenneth W. Stolle

Summary as introduced: Destruction of human biological evidence; penalty. Makes it a Class 6 felony for a clerk of court or other public officer to intentionally destroy human biological evidence.

Status:
01/11/06  Senate: Prefiled and ordered printed; offered 01/11/06 061314820
01/25/06  Senate: Reported from Courts of Justice with amendments (15-Y 0-N)
02/07/06  Senate: Reported from Finance (14-Y 0-N)
02/10/06  Senate: VOTE: (40-Y 0-N)
02/16/06  House: Assigned Courts sub: Criminal Law
02/20/06  This bill was recommended by the sub-committee.
03/01/06  Before House Courts of Justice in 2nd hour of afternoon session

HB 782 - Elimination of the Triggerman Rule
Patron: Del. C. Todd Gilbert & Sen. Mark D. Obenshain

Summary as introduced: Elimination of the triggerman rule. Eliminates the "triggerman rule," which provides that only the actual perpetrator of a capital murder is eligible for the death penalty, and that accessories and principals in the second degree can only be punished with first degree murder.

Status:
01/10/06  House: Prefiled and ordered printed; offered 01/11/06 066144306
02/06/06  House: Reported from Courts of Justice (15-Y 1-N)
02/13/06  House: VOTE: PASSAGE (83-Y 16-N)
02/13/06  House: Communicated to Senate
02/14/06  Senate: Referred to Committee for Courts of Justice
03/01/06  Wednesday, 1/2 Hour after Adjournment, Senate Room A, GAB

HB 1311 - Capital Murder of a Witness
Patron: C. Todd Gilbert

Summary as introduced: Capital murder of a person assisting in a criminal investigation; penalty. Adds to the list of offenses punishable as capital murder the willful, deliberate and premeditated killing of any person because he is assisting or previously assisted in a criminal investigation or prosecution.

Status:
01/11/06  House: Prefiled and ordered printed; offered 01/11/06 061353306
02/06/06  House: Reported from Courts of Justice with substitute (20-Y 0-N)
02/10/06  House: VOTE: PASSAGE (89-Y 9-N)
02/13/06  Senate: Referred to Committee for Courts of Justice
03/01/06   Wednesday, 1/2 Hour after Adjournment, Senate Room A, GAB

HB 176 Court-appointed counsel; court may waive limit on compensation for certain cases.
Patron: Lacey E. Putney

Summary as introduced: Criminal procedure; compensation of court-appointed counsel. Authorizes the court, in cases where court-appointed counsel represents a defendant on a felony charge that may be punishable for a period of more than 20 years, to waive the statutory limit on the compensation for such counsel when the time and effort expended, the result obtained, the novelty and difficulty of the issues, or other circumstances warrant such a waiver.

Status:
12/30/05  House: Prefiled and ordered printed; offered 01/11/06 062423476
01/18/06  House: Reported from Courts of Justice (17-Y 0-N)
01/18/06  House: Referred to Committee on Appropriations
02/08/06  House: Reported from Appropriations with amendments (23-Y 0-N)
02/14/06  House: VOTE: PASSAGE (98-Y 0-N 2-A)
02/14/06  House: Communicated to Senate
02/15/06  Senate: Referred to Committee for Courts of Justice
02/22/06  Senate: Reported from Courts of Justice with amendment (15-Y 0-N)
02/22/06  Senate: Rereferred to Finance