SB1116: Capital murder; premeditated killing of a judge or a witness, redefinition thereof.

Chief Patron

Nick Rerras (R-6)
Served: 2000–

Progress

	Introduced
	Passed Committee
	Passed House
	Passed Senate
	Signed by Governor
	Became Law

Status

03/26/2007: vetoed by governor

View Entire History

01/09/2007 Prefiled and ordered printed; offered 01/10/07 077019134
01/09/2007 Referred to Committee for Courts of Justice
01/12/2007 Impact statement from VCSC (SB1116)
01/18/2007 Committee substitute printed 077806804-S1
01/19/2007 Impact statement from VCSC (SB1116S1)
01/19/2007 Constitutional reading dispensed (39-Y 0-N)
01/22/2007 Read second time
01/22/2007 Reading of substitute waived
01/22/2007 Committee substitute agreed to 077806804-S1
01/22/2007 Motion to rerefer to committee rejected
01/22/2007 Engrossed by Senate - committee substitute SB1116S1
01/23/2007 Read third time and passed Senate (30-Y 10-N)
01/23/2007 Communicated to House
02/03/2007 Placed on Calendar
02/03/2007 Read first time
02/03/2007 Referred to Committee for Courts of Justice
02/06/2007 Assigned Courts sub: Criminal Law
02/19/2007 Reported from Courts of Justice with substitute (20-Y 1-N) (see vote tally)
02/20/2007 Committee substitute printed 077043804-H1
02/20/2007 Impact statement from VCSC (SB1116H1)
02/20/2007 Read second time
02/21/2007 Read third time
02/21/2007 Committee substitute agreed to 077043804-H1
02/21/2007 Engrossed by House - committee substitute SB1116H1
02/21/2007 Passed House with substitute (82-Y 12-N)
02/21/2007 VOTE: PASSAGE (82-Y 12-N) (see vote tally)
02/22/2007 House substitute agreed to by Senate (31-Y 9-N)
02/22/2007 VOTE: (31-Y 9-N) (see vote tally)
02/28/2007 Impact statement from VCSC (SB1116ER)
03/08/2007 Enrolled
03/08/2007 Bill text as passed Senate and House (SB1116ER)
03/08/2007 Signed by Speaker
03/11/2007 Signed by President
03/21/2007 Impact statement from DPB (SB1116ER)
03/26/2007 G Vetoed by Governor
04/04/2007 Passed in enrolled form (30-Y 10-N) (see vote tally)
04/04/2007 Motion to override Governor's veto agreed to (81-Y 18-N)
04/04/2007 VOTE: OVERRIDE GOVERNOR'S VETO (81-Y 14-N) (see vote tally)
04/04/2007 Reconsideration of Governor's recommendation rejected
04/04/2007 Governor's veto overridden
04/04/2007 Bill became law, Chapter 846 (effective 7/1/07)
04/11/2007 G Acts of Assembly Chapter text (CHAP0846)

Summary

Capital murder of a judge or witness; triggerman rule. Redefines the "triggerman rule," which currently 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 be punished only as if guilty of first degree murder. This bill allows principals in the second degree and accessories before the fact to be charged as principals in the first degree in the cases of murder for hire, murder involving a continuing criminal enterprise, and terrorism. This bill allows, in all other cases of capital murder, an accessory before the fact to be tried as a principal in the first degree if he had the same intent to kill as the principal in the first degree or if he ordered or directed the willful, deliberate, and premeditated killing.

The bill provides that the willful, deliberate and premeditated killing of a judge or justice when the killing is for the purpose of interfering with his official duties is punishable as capital murder, a Class 1 felony, and that the willful, deliberate and premeditated killing of any witness under subpoena in a criminal case when the killing is for the purpose of interfering with the person's duties in such case is punishable as capital murder, a Class 1 felony.

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