The Democrats on a Senate committee have defeated a bill to extend the death penalty to people who are accessories in a capital murder.
The Senate Courts of Justice Committee voted 6-9 against Sen. Mark Obenshain’s bill to close what he sees as a loophole in Virginia’s death penalty laws. Obenshain’s proposal, Senate Bill 7, would repeal the so-called “triggerman rule,” which says that only the person who pulled the trigger can receive a death sentence.
“The bill would have re-instated accomplice liability for principals in the second degree and accomplices before the fact,” said Obenshain, a Republican from Harrisonburg.
“Closing this loophole has been a priority of the law enforcement community for years and passed both chambers with bipartisan support three consecutive years before meeting with then-Gov. Tim Kaine’s veto pen.”
Sen. Creigh Deeds, D-Charlottesville, is a member of the Senate Courts of Justice Committee. In previous years, he supported legislation to repeal the “triggerman rule.” He also backed the idea while running as the Democratic nominee for governor in 2009.
Last week, however, Deeds voted against SB 7. That drew criticism from Obenshain at the Feb. 15 committee meeting.
“I think it is fair to ask whether Sen. Deeds was sincere in his prior votes for closing the triggerman loophole or in today’s vote against it,” Obenshain said.
The Senate Courts of Justice Committee consists of nine Democrats and six Republicans. All of the Republicans voted for SB 7; all of the Democrats voted against it.
“Today, they killed a good bill – one that enjoyed bipartisan support from seven Senate Democrats and 19 House Democrats last year,” Obenshain said.
He said the “triggerman rule” is “is a distinction unheard of in common law and unknown to Virginia law until 1979. The loophole was created at a time when the courts had called the constitutionality of the death penalty into question, and we are long overdue to close it.”
Efforts to repeal the “triggerman rule” are not dead this legislative session.
Delegate Todd Gilbert, R-Woodstock, is sponsoring House Bill 502, which is similar to SB 7. Gilbert’s bill has passed the House by a vote of 74-24. It has been sent to the Senate and assigned to the Senate Courts of Justice Committee.
“I hope that Democrats on the Senate Courts of Justice Committee will reconsider their vote when Todd’s bill comes before them, and that Sen. Deeds will revisit his newfound objections,” Obenshain said.
Source: The Gainesville Times, March 1, 2010
The Senate Courts of Justice Committee voted 6-9 against Sen. Mark Obenshain’s bill to close what he sees as a loophole in Virginia’s death penalty laws. Obenshain’s proposal, Senate Bill 7, would repeal the so-called “triggerman rule,” which says that only the person who pulled the trigger can receive a death sentence.
“The bill would have re-instated accomplice liability for principals in the second degree and accomplices before the fact,” said Obenshain, a Republican from Harrisonburg.
“Closing this loophole has been a priority of the law enforcement community for years and passed both chambers with bipartisan support three consecutive years before meeting with then-Gov. Tim Kaine’s veto pen.”
Sen. Creigh Deeds, D-Charlottesville, is a member of the Senate Courts of Justice Committee. In previous years, he supported legislation to repeal the “triggerman rule.” He also backed the idea while running as the Democratic nominee for governor in 2009.
Last week, however, Deeds voted against SB 7. That drew criticism from Obenshain at the Feb. 15 committee meeting.
“I think it is fair to ask whether Sen. Deeds was sincere in his prior votes for closing the triggerman loophole or in today’s vote against it,” Obenshain said.
The Senate Courts of Justice Committee consists of nine Democrats and six Republicans. All of the Republicans voted for SB 7; all of the Democrats voted against it.
“Today, they killed a good bill – one that enjoyed bipartisan support from seven Senate Democrats and 19 House Democrats last year,” Obenshain said.
He said the “triggerman rule” is “is a distinction unheard of in common law and unknown to Virginia law until 1979. The loophole was created at a time when the courts had called the constitutionality of the death penalty into question, and we are long overdue to close it.”
Efforts to repeal the “triggerman rule” are not dead this legislative session.
Delegate Todd Gilbert, R-Woodstock, is sponsoring House Bill 502, which is similar to SB 7. Gilbert’s bill has passed the House by a vote of 74-24. It has been sent to the Senate and assigned to the Senate Courts of Justice Committee.
“I hope that Democrats on the Senate Courts of Justice Committee will reconsider their vote when Todd’s bill comes before them, and that Sen. Deeds will revisit his newfound objections,” Obenshain said.
Source: The Gainesville Times, March 1, 2010
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