Death Penalty Repeal Sent To VA Governor's Desk By Lawmakers

RICHMOND, VA — Virginia state lawmakers gave final approval Monday to legislation that will end the death penalty, putting the state on the verge of becoming the first in the South to end capital punishment.

The legislation repealing the death penalty now heads to Gov. Ralph Northam, who has said he will sign it into law. Virginia has executed more people in its history than any other state.

“Thanks to the vote of lawmakers in both chambers, Virginia will join 22 other states that have ended use of the death penalty," Northam, House Speaker Eileen Filler-Corn (D) and Senate Majority Leader Dick Saslaw (D) said Monday in a joint statement. "This is an important step forward in ensuring that our criminal justice system is fair and equitable to all.”

On Monday, both chambers approved separate but identical repeal bills. The Senate approved House Bill 2263, sponsored by Del. Mike Mullin (D), advancing it to Northam on a 22-16 vote. Republican Sen. Jill Vogel joined with Democrats in the chamber in voting for passage.

Later Monday, House Democrats and two Republican members, Del. Jeff Campbell and Del. Carrie Coyner, voted to approve the Senate version, Senate Bill 1165, sponsored by Sen. Scott Surovell (D), 57-43.

Virginia has used the death penalty more than any other state, executing nearly 1,400 people since its days as a colony, according to the Death Penalty Information Center. Since the U.S. Supreme Court reinstated the death penalty in 1976, Virginia, with 113 executions, is second only to Texas.

“Over Virginia’s long history, this Commonwealth has executed more people than any other state," Northam, a Democrat, and the House and Senate leaders said in the statement. "It’s time we stop this machinery of death."

Sen. Jennifer McClellan (D-Richmond) said the passage of the bills represented an "historic day" for criminal justice reform in Virginia.

"Today’s vote sets Virginia on a path to end a barbaric system that disproportionately punished Black and Brown people," McClellan, who is running for governor, said in a statement. "Ending capital punishment is a critical step on the long path to build a justice system that is truly just."

“Today, I cast my vote on this bill in honor of the memory of Mr. Jerry Givens, who served as Virginia’s chief executioner," McClellan said. "After carrying out 62 executions, Jerry became a passionate advocate for abolishing the death penalty, testifying before the General Assembly and other legislatures across America. Unfortunately, Jerry did not live to see this day, succumbing to COVID-19 last year."

Another Democratic candidate for governor, former Del. Jennifer Carroll Foy, said that for "far too long, Virginia has had the discriminatory death penalty on the books, which disproportionately takes the lives of people of color, the poor, and the mentally ill.”

As a public defender, Carroll Foy said she saw what happens when the criminal justice system is applied unequally.

"My stomach churns when I think about all the people wrongfully put to death,” she said. “Today is a day for us to applaud the advocates who have been pushing for the death penalty repeal for years and stand with the families of those wrongfully executed."