2009 Legislative Priorities
Supported by VADP

A Moratorium on Executions:

VADP supports an immediate moratorium on executions to examine the issues in the capital justice system.  We are concerned with the arbitrary application of the death penalty which is biased on the basis of race, geographic location, and socio-economic status.  Additionally, during this economic and budgetary crisis in the Commonwealth, it is crucial that we examine the high financial cost of the death penalty to the taxpayers of Virginia.  Although a capital punishment cost study has not yet been conducted in Virginia, numerous cost studies conducted in other states have concluded that the death penalty is more costly than life imprisonment.  VADP is also extremely concerned with the possibility of executing an innocent man or woman.  In Virginia we have had one exoneration from death row since 1976 and there have been 130 exonerations from death row nationwide during that timeframe.  For these reasons, VADP will urge lawmakers to take a “time out” to examine a system that hands down the ultimate punishment.   

 

The Abolition of the Death Penalty:

VADP supports HB 1755 which will abolish the death penalty for all Class 1 felonies committed on or after July 1, 2009.   We maintain that the best interests of the citizens of the Commonwealth are served by abolishing the death penalty.  For the reasons described above as well as the moral objections that many of our members hold, we call for the repeal of the death penalty. 

Track the progress of HB 1755

Promoting Equal Justice: 

VADP Supports SB 939 which provides that an indigent defendant who has been charged with a capital offense may move in circuit court for the appointment of experts to assist in the preparation of his defense. The presiding judge shall designate another judge in the judicial circuit who may hold an ex-parte hearing on such a motion and may order the appointment of an expert. Prior to an ex-parte proceeding, communication or request, a particularized need for confidentiality must be demonstrated in an adversarial proceeding.  A motion for an ex-parte hearing shall be in writing and filed under seal and any ex-parte hearing conducted shall be on the record and kept under seal as part of the record of the case. The court may unseal the record after the trial is concluded for good cause shown.  This bill helps to level the playing field to assure more equal justice.  VADP is working in concert with multiple allies on this bill and is providing support as requested.

Track the progress of SB 939

 
Opposed by VADP

Redefinition of the Triggerman Rule: 

VADP opposes SB 961 and HB 2358.  The "triggerman rule" currently provides that only the actual perpetrator of a capital murder is eligible for the death penalty.  This bill would allow principals in the second degree and accessories before the fact to be charged with capital murder and eligible for the death penalty.  This is an exceedingly broad expansion which would lead to less clarity within the capital murder statute and issues in application.  The already capricious application of the death penalty regarding both race and geography would be enhanced and the number of individuals eligible for the death penalty would substantially increase. 

Track the progress of SB 961

Track the progress of HB 2358

Death Penalty Expansion:

VADP opposes SB 1069 which adds fire marshals and assistant fire marshals with law-enforcement powers to the capital murder statute so that the death sentence can be imposed for the murder of such a fire marshal.  This legislation would address few, if any, situations not already covered within the current statute and could lead to less clarity within the statute and more arbitrary application of the death penalty.

Track the progress of SB 1069

  VADP opposes SB 1409 which would add auxiliary police officers and auxiliary deputy sheriffs to the definition of law-enforcement officer in the capital murder statute.  The capital justice system is broken; the Commonwealth must take a “time out” to examine these issues and not continue to expand the current statute.

Track the progress of SB 1409

VADP opposes HB 2585 which would add uncompensated auxiliary police officers and auxiliary deputy sheriffs to the definition of law-enforcement officer in the capital murder statute so that the death sentence can be imposed for the murder of such an officer.

Track the progress of HB 2585

VADP opposes HB 2638 which would add auxiliary police officers and auxiliary deputy sheriffs, as well as fire marshals and assistant fire marshals with police powers, to the definition of law-enforcement officer in the capital murder statute so that the death sentence can be imposed for the murder of such an officer or marshal.

Track the progress of HB 2638

 
[ Back ]