Execution; if lethal injection is not available, electrocution shall be used. (HB815)

Introduced By

Del. Jackson Miller (R-Manassas)

Progress

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

Description

Method of execution. Provides that if the Director of the Department of Corrections certifies that lethal injection is not available as a method of execution, electrocution shall be used instead, and vice versa. Read the Bill »

Status

04/20/2016: enacted

History

DateAction
01/12/2016Committee
01/12/2016Prefiled and ordered printed; offered 01/13/16 16101602D
01/12/2016Referred to Committee for Courts of Justice
01/19/2016Assigned to sub: Criminal Law
01/19/2016Assigned App. sub: Criminal Law
01/19/2016Assigned Courts sub: Criminal Law
01/20/2016Subcommittee recommends reporting (5-Y 2-N)
01/26/2016Impact statement from DPB (HB815)
02/03/2016Reported from Courts of Justice (14-Y 7-N) (see vote tally)
02/05/2016Read first time
02/08/2016Passed by for the day
02/09/2016Read second time and engrossed
02/10/2016Read third time and passed House (62-Y 33-N)
02/10/2016VOTE: PASSAGE (62-Y 33-N) (see vote tally)
02/11/2016Constitutional reading dispensed
02/11/2016Referred to Committee for Courts of Justice
03/02/2016Reported from Courts of Justice (9-Y 5-N) (see vote tally)
03/04/2016Constitutional reading dispensed (38-Y 0-N) (see vote tally)
03/04/2016Passed by for the day
03/07/2016Read third time
03/07/2016Reading of amendment waived
03/07/2016Amendment by Senator Surovell rejected
03/07/2016Amendment by Senator Dunnavant agreed to
03/07/2016Engrossed by Senate as amended
03/07/2016Passed Senate with amendment (22-Y 17-N) (see vote tally)
03/08/2016Placed on Calendar
03/08/2016Senate amendment rejected by House (0-Y 99-N)
03/08/2016VOTE:REJECTED (0-Y 99-N) (see vote tally)
03/09/2016Senate insisted on amendment (37-Y 2-N) (see vote tally)
03/09/2016Senate requested conference committee
03/10/2016House acceded to request
03/10/2016Conferees appointed by House
03/10/2016Delegates: Miller, Bell, R.B., Watts
03/10/2016Conferees appointed by Senate
03/10/2016Senators: Stuart, Obenshain, Saslaw
03/10/2016C Amended by conference committee
03/11/2016Conference report agreed to by House (65-Y 32-N)
03/11/2016VOTE: ADOPTION (65-Y 32-N) (see vote tally)
03/11/2016Conference report agreed to by Senate (22-Y 17-N) (see vote tally)
03/25/2016Enrolled
03/25/2016Bill text as passed House and Senate (HB815ER)
03/25/2016Signed by Speaker
03/28/2016Signed by President
03/28/2016Enrolled Bill communicated to Governor on 3/28/16
03/28/2016G Governor's Action Deadline Midnight, Sunday, April 10, 2016
03/29/2016Impact statement from DPB (HB815ER)
04/08/2016Governor's recommendation received by House
04/08/2016Governor's substitute printed 16106477D-H1
04/20/2016Placed on Calendar
04/20/2016House rejected Governor's recommendation (47-Y 51-N)
04/20/2016VOTE: REJECTED (47-Y 51-N)
04/20/2016Reconsideration of Governor's recommendation agreed to
04/20/2016Motion that Governor recommendation is not specific and severable is rejected (36-Y 63-N)
04/20/2016VOTE: Not Specific and Severable (36-Y 63-N)
04/20/2016House concurred in Governor's recommendation (59-Y 40-N)
04/20/2016VOTE: ADOPTION (59-Y 40-N)
04/20/2016Senate concurred in Governor's recommendation (22-Y 16-N)
04/20/2016G Governor's recommendation adopted
04/20/2016Reenrolled
04/20/2016Reenrolled bill text (HB815ER2)
04/20/2016Signed by Speaker as reenrolled
04/20/2016Signed by President as reenrolled
04/20/2016Enacted, Chapter 747 (effective 7/1/16)
04/20/2016G Acts of Assembly Chapter text (CHAP0747)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 7 clips in all, totaling 2 hours.

Transcript

This is a transcript of the video clips in which this bill is discussed.

THE SENATOR FROM SPOTSYLVANIA, SENATOR REEVES.

Sen. Bryce Reeves (R-Spotsylvania): MR. PRESIDENT.

[Unknown]: THE SENATOR FROM JAMES CITY COUNTY, SENATOR NORMENT.

Sen. Tommy Norment (R-Williamsburg): I RESPECTFULLY ASK THAT BILL BE PASSED BYE TEMPORARILY.

[Unknown]: THANK YOU, SENATOR. WITHOUT OBJECTION, HOUSE BILL 816 WILL GO BYE TEMPORARILY.

Sen. Tommy Norment (R-Williamsburg): REGULAR CALENDAR, SENATE BILLS ON THIRD READING.

[Unknown]: MR. PRESIDENT. THE SENATOR FROM GRAYSON. CAN WE RETURN TO THE MORNING
THE 2017 SESSION. ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IT. THE BILL IS RE-REFERRED TO FINANCE AND WILL BE CONTINUED INTO THE 2017 SESSION. HOUSE BILL 815. A BILL RELATING TO METHOD OF EXECUTION. REPORTED TO THE COMMITTEE FROM COURTS OF JUSTICE AND THERE ARE TWO FLOOR AMENDMENTS. THE SENATOR FROM EASTERN FAIRFAX COUNTY, SENATOR SUROVELL.

Sen. Scott Surovell (D-Mount Vernon): THANK YOU, MR. PRESIDENT. MOVE TO WAIVE READING OF THE FLOOR AMENDMENT.

[Unknown]: THE QUESTION IS SHALL THE READING OF THE FLOOR AMENDMENT BE WAIVED. ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IT. THE READING OF THE FLOOR AMENDMENT IS WAIVED. THE SENATOR FROM EASTERN FAIRFAX

Sen. Scott Surovell (D-Mount Vernon): THANK YOU, MR. PRESIDENT. COUNTY. SPEAKING TO THE FLOOR AMENDMENT.

[Unknown]: SORRY, SENATOR. SPEAKING TO THE FLOOR AMENDMENT. THE SENATOR HAS THE FLOOR. THANK YOU, MR. PRESIDENT AND LADIES AND GENTLEMEN IN CASE WE HAVEN'T HAD ENOUGH NONDON'T VERSAL ISSUES TODAY. ANOTHER ONE IN FRONT OF US IN HOUSE BILL 815. BASICALLY MAKES THE ELECTRIC CARE THE DEFAULT METHOD OF EXECUTION IN THE COMMONWEALTH OF VIRGINIA IN THE EVENT THAT WE ARE UNABLE TO PROCURE THE DRUGS NECESSARY TO EXTINGUISH HUMAN LIFE. I HAVE MANY CONCERNS ABOUT THE BILL THAT I WILL TALK ABOUT WHEN WE GET TO THE BILL ITSELF BUT THE FLOOR AMENDMENT ATTEMPTS TO INTRODUCE TRANSPARENCY INTO THE PROCESS. THE BILL IS SIMPLE AND INCREDIBLY VAGUE FOR SOMETHING SO IMPORTANT. THE BILL BASICALLY SAYS THAT IN ORDER TO SKIP A PRISONERS A CHOICE OF LETHAL INJECTION AND REQUIRE THEM TO BE EXECUTED BY ELECTROCAUTION THEY HAVE TO CERTIFY THAT THE WHEN HAD TO AS SET FORTH IN THE SECTION IS NOT AVAILABLE FOR ANY REASON. AND THAT IS ALL THEY HAVE TO STATE. FOR ANY REASON. NO SPECIFICITY WHATSOEVER. WHAT THE FLOOR AMENDMENT DOES IS REQUIRES -- PUTS A LITTLE SUNSHINE ON THE PROCESS. IT SAYS THAT IF THE DIRECTOR IS GOING TO MAKE THAT CERTIFICATION THE DIRECTOR HAS TO PROVIDE SOME INFORMATION NUMBER ONE THE DIRECTOR HAS TO SET FORTH ALL REASONS FOR THE DETERMINATION THE EXECUTION BY LETHAL INJECTION IS NOT AVAILABLE AND TWO THE DIRECTOR IS REQUIRED TO DESCRIBE THE METHODS MADE INCLUDE AGILITIES OF PHARMACIES AND MANUFACTURERS AND OTHER ENTITIES CONTACTED IN ORDER TO TRY AND COMPLY WITH THE STATUTORY MANDATE. THEN SAYS THAT WITHIN 24 HOURS SHOULD BE PLACED ON THE WEBSITE FOR THE DEPARTMENT CORRECTION AND GIVEN GOVERNOR AND CREATES TRANSPARENTLY -- SO THAT WE CAN JUDGE WHETHER OR NOT IN FACT THE GOVERNMENT HAS EXERTED ENOUGH EFFORT IN ORDER TO GET TO THIS POINT. BECAUSE IF YOU READ THE BILL IT SAYS ANY REASON. WHAT COULD THAT BE? SUPPOSE THE DEPARTMENT OF CORRECTIONS DOESN'T FEEL LIKE GOING TO GET THE DRUGS. DOES WANT TO GET THE DRUGS. ONE REASON IS THEY MIGHT NOT BE ABLE TO GET THEM. IT COULD BE ANY REASON. SUPPOSE THEY ARE OUT OF NEEDLES. WE INTO ED TO HAVE TRANSPARENCY. WE ARE TALKING ABOUT THE EXECUTION OF A HUMAN BEING AND THAT IS ALL THE AMENDMENT DECEMBER, INSERTS TRANSPARENCY IN ONE OF THE MOST WEIGHTY THINGS THE GOVERNMENT DOES. I THINK IT IS A GOOD AMOUNT AND WOULD HELP THE BODY AND I WOULD SUPPORT IT. THE SENATOR FROM NEW HAMPSHIRE, SENATOR OBENSHAIN.

Sen. Mark Obenshain (R-Harrisonburg): MR. PRESIDENT, SPEAKING TO THIS AMENDMENT. IT WOULD BE MY HOPE THAT THE MEMBERS WOULD VOTE AGAINST THIS. AND LET ME LAY A LITTLE BIT OF THE BACK DROP AGAINST WHICH THIS BILL WAS INTRODUCED. YOU KNOW, I HAVE HAD AN OPPORTUNITY OR THE PAST COUPLE OF YEARS TO VOTE ON THE BILL. VOTED AGAINST THIS PIECE OF LEGISLATION AND I THOUGHT THAT WE COULD GET THE EXECUTION DRUGS THAT WE COULD GO THROUGH THE STEPS NECESSARY TO OBTAIN THE MATERIALS NECESSARY FOR THE MOST HUMANE METHOD OF CARRYING OUT CAPITAL PUNISHMENT POSSIBLE. HOWEVER, I SUPPORTED THIS HERE. LET ME TELL YOU WHY AND WHY THIS AMENDMENT IS WRONG AND WILL NOT WORK. THERE HAS BEEN A CONCERTED EFFORT AND REALLY VERY EFFECTIVE EFFORT BY OPPONENTS OF CAPITAL PUNISHMENT AND I UNDERSTAND THEY ARE DEEPLY HELD VIEWS ON WHETHER WE OUGHT TO KEEP CAPITAL PUNISHMENT OR NOT. BUT THE OPPONENTS DECIDED THEIR MOST EFFECTIVE METHOD OR TACTIC IN THE FIGHT HAS BEEN TO GO AFTER THE COMPANIES THAT PROVIDE THE DRUGS THAT ARE UTILIZED FOR HUMANE EXECUTIONS. AND THEY HAVE DONE THIS IN A REALLY EFFECTIVE WAY. THEY HAVE ORGANIZE THE BOYCOTTS OF THE COMPANIES. ANDED COMPANIES THEY SHELL A COUPLE OF VOWELS TO A HANDFUL OF STATES A FEW TIMES A YEAR OF THESE DRUGS AND THEY ARE FACE ON THE OTHER HAND WITH BOYCOTTS INVOLVING TENS OF THOUSANDS IF NOT MILLIONS OF PEOPLE AROUND THE WORLD. WHO UTILIZE THIS OR FALL INTO LINE WITH THE EFFORTS AND THE COMPANIES HAVE DECIDED WE ARE NOT GOING TO TELL TO STATES LIKE VIRGINIA AT ALL UNLESS THEY WILL CERTIFY THAT THEY WILL NOT USE ANY OF THE DRUGS LISTED FOR PURPOSES OF EXECUTIONS WHAT THIS HAS CON IS CREATED AN ENVIRONMENT IN WHICH WE CANNOT GET THESE DRUGS. LAST YEAR THERE WAS AN EFFORT TO HAVE A PIECE OF LEGISLATION THAT ALLOWED COMPOUNDING PHARMACIES TO CREATE THESE DRUGS WHICH WAS A GOOD IDEA. HOWEVER, IT GOT DERAILED. REASON THAT WAS OFFERED WAS SO THAT AGAIN THE OPPONENTS OF CAPITAL PUNISHMENT COULD IDENTIFY THE COMPOUNDING PHARMACIES COMPOUNDING THE DRUGS TO PROVIDE TO STATES LIKE VIRGINIA FOR PURPOSES OF CARRYING OUT HUMANE EXECUTIONS AND THE PROVIDERS OF THE COMPONENT DRUGS SO THAT THEY COULD PROTEST AND BOYCOTT THOSE AS WELL. THIS IS JUST ANOTHER IN THAT LINE OF AMENDMENTS. THIS REQUIRES A LIST OF ALL PHARMACIES, MANUFACTURERS, AND OTHER ENTITIES CONTACTED. NOW THE WHOLE PREMISE BEHIND THE AMENDMENT IS IN PART SOME THOUGHT OR SUGGESTIONS THAT THE DEPARTMENT OF CORRECTIONS REALLY WOULD REFER TO USE EXCUSE OR EXECUTE BY MEANS OF THE ELECTRIC CHAIR. NOW YOU KNOW AND I KNOW AS WELL THAT THAT IS THE LAST THING IN THE WORLD THAT THE DEPARTMENT OF CORRECTIONS WANTS TO DO. THE DEPARTMENT OF CORRECTIONS IS GOING TO GO AND HAS GONE TO GREAT LENGTHS AND I TELL YOU, I AM A LITTLE CYNICAL ABOUT SOME IN THE LITTLE CLASS AROUND HERE AND I HAVE POLICY DIFFERENCES AND I MAY QUESTION THE -- THE REPRESENTATIONS THAT SOME MAY MAKE. BUT I HAD A GREAT AND VERY PRODUCTIVE SITDOWN WITH THE SECRETARY OF PUBLIC SAFETY. AND WE TALKED ABOUT THE EFFORTS THAT THE COMMONWEALTH HAS GONE TO, TO SECURE THESE DRUGS. AND I AM COMPLETELY CONVINCED A THE GOOD FAITH AND THE EFFORTS MADE BY THE ADMINISTRATION IN THIS INSTANCE THE PUBLIC SAFETY TO SECURE THESE DRUGS NECESSARY. BUT THIS AMENDMENT DOES NOT MAKE THIS BILL BETTER. THIS AMENDMENT IS GOING TO ESSENTIALLY DO THE SAME THING AS THE EFFORTS TO BOYCOTT. IT WILL FURTHER THE EFFORTS OF THOSE WHO WOULD BOYCOTT PROVIDERS OF THESE DRUGS. IT WOULD UNDERMINE FURTHER OUR ABILITY TO SECURE THESE DRUGS. AND IN A WAY, YOU KNOW, IT IS THE RESULT OF THIS IS IT IS A PERVERSE RESULT IN THAT THE OPPONENTS OF CAPITAL PUNISHMENT ARE MAKING IT IMPOSSIBLE FOR US TO CARRY OUT EXECUTIONS IN THE MOST HUMANE MEANS POSSIBLE. PUT THE AMENDMENT ON HERE AND I CAN GUARANTEE YOU THAT IT MAKES IT MORE LIKELY RATHER THAN LESS LEAKILY THAT EXECUTIONS WILL TAKE PLACE WITH THE ELECTRIC CHAIR AS OPPOSED TO LETHAL INJECTION. IF THE DEBATE IS OVER WHETHER WE CAN KEEP THE DEATH PENALTY, LET'S HAVE THAT DEBATE. LET'S HAVE THAT DEBATE. BUT THIS IS NOT THAT. WE HAVE THE DEATH PENALTY AND THIS SIMPLY MEANS THIS SIMPLY PROVIDES THE COMMONWEALTH WITH THE MEANS FOR CARRYING OUT AND HOPEFULLY PROVIDES INCENTIVE FOR US TO CARRY IT OUT IN AN APPROPRIATE WAY AND THIS JUST UNDERMINES OUR ABILITY TO DO THAT.

[Unknown]: THANK YOU, SENATOR. THE SENIOR SENATOR FROM LOUDOUN, SENATOR BLACK.

Sen. Dick Black (R-Leesburg): THANK YOU, MR. PRESIDENT. SPEAK TO THE MEASURE.

[Unknown]: I KNOW THERE ARE DIFFERENCES

Sen. Dick Black (R-Leesburg): THE SENATOR HAS THE FLOOR. OVER THE DEATH PENALTY AND ADVISABILITY OF IT, BUT LET ME POINT SOMETHING OUT TO YOU. DURING MY TIME IN THE PENTAGON I WAS PERSONALLY RESPONSIBLE FOR ALL DEATH CASES WITHIN THE DEPARTMENT OF DEFENSE. AND HAVING WORKED VERY DILIGENTLY THROUGH THOSE CASES I WILL TELL YOU THERE IS NOBODY ON DEATH ROW BECAUSE THEY GOT INVOLVED IN A BAR ROOM BALL AND SMASHED SOMEBODY'S HEAD WITH A BOTTLE. THE PEOPLE WHO ARE ON DEATH ROW HAVE DONE THINGS THAT ARE BEYOND DISCUSSION WITHIN THIS PARTICULAR BODY. BUT I WILL TELL YOU HAVING WORKED VERY, VERY HARD ON THIS OVER MANY YEARS IF WE ADD ANY SORT OF A QUALIFICATION TO THE MANNER THAT WE ARE GOING TO CARRY THIS OUT, WE WILL CREATE A MEANS OF LITIGATION. AND WHEN YOU ARE TALKING ABOUT LITIGATION IN THE CAPITAL ARENA, THE COURTS ARE RELUCTANT TO DISREGARD EVEN THE MOST FANCIFUL OF ARGUMENTS BECAUSE THEY WANT TO MAKE SURE THAT ANYONE WHO IS PUT TO DEATH HAS HAD EVERY CONCEIVABLE OPPORTUNITY TO MAKE THEIR CASE. AND SO -- AS YOU VOTE ON IT, JUST BE AWARE THAT IF WE ADD THIS IT WOULD NOT SURPRISE ME IF THIS ONE SIMPLE MEASURE ADDS FOUR OR FIVE YEARS TO THE TIME IT TAKES TO CARRY OUT AN EXECUTION. THIS HAS BEEN OUR EXPERIENCE IN I TIME YOU COMPLICATE THE SYSTEM YOU ATTENUATE IT AND MAKE IT THAT MUCH LONGER THAT YOU HAVE THESE PEOPLE WAITING AND YOU HAVE THE PEOPLE OF THE COMMONWEALTH WAITING FOR SO I OPPOSE THIS PARTICULAR JUSTICE. AMENDMENT. >> THE SENATOR FROM JAMES CITY R NORMENT.

[Unknown]: THANK YOU, MR. PRESIDENT. I RISE TO SPEAK AGAINST THE ADOPTION OF THE FLOOR AMENDMENT, SIR. THE SENATOR HAS THE FLOOR. LADIES AND GENTLEMEN OF THE SENATE, AS I REFLECT BACK ON MY OTHER WISE UNDISTINGUISHED CAREER AS AN ATTORNEY I THINK WHEN I CAME INTO THE GENERAL ASSEMBLY I HAD TRIED MORE CAPITAL MURDER CASES THAN ANY LAWYER IN THE COMMONWEALTH OF VIRGINIA. THIS IS A SUBJECT THAT I HAVE PROFESSIONALLY AND PERSONALLY AND POLITICALLY REFLECTED ON OVER MANY, MANY YEARS. AND I WAS TAKEN BY THE COMMENTS OF THE SENATOR FROM LOUDOUN WE CAN HAVE A CONTINUING DEBATE ABOUT CAPITAL PUNISHMENT AND WHETHER OR NOT IT IS AN APPROPRIATE POLICY DECISION BUT THAT IS NOT WHAT THIS BILL IS ALL ABOUT. I WAS VERY INTERESTED AS I READ THE PROPOSED AMENDMENT AND THE NUMBER OF INGREDIENTS THAT WERE TRYING TO BE INSERTED INTO THE BILL AS IT NOW EXISTS. AND I ALSO RECALL THAT ONE OF THE THINGS THAT DEFENSE ATTORNEYS ETHICALLY MUST DO IS TO ASSERT EVERY REASONABLE DEFENSE AND INQUIRY IN THE PROTECTION OF THE LIFE AND LIBERTY OF THEIR CLIENT. AND MY CONCERN IS THAT WITH THE INTERJECTION OF THESE PROVISIONS IN THERE THAT WE ARE PROVIDING ADDITIONAL AREAS OF A COLLATERAL ATTACK ON THE EFFICACY AND CONTINUED ENFORCEMENT AND ADHERENCE TO A DECISION THAT HAS BEEN DELIBERATELY MADE BY A JURY OR BY A JUDGE AFTER HAVING CONSIDERED ALL OF THE FACTS AND CIRCUMSTANCES. CIRCUMSTANCES I REMEMBER THE SPIRITED DEBATE IF NOT OUTRAGE WHEN I INTRODUCED SOME LEGISLATION THAT RESULTED IN REDUCING THE PERIOD OF TIME WHERE THE RIGHTS OF A DEFENDANT WHO HAS BEEN CONVICTED OF CAPITAL PUNISHMENT COULD BE ADEQUATELY PROTECTED BUT THAT IS REDUCED THE PERIOD OF TIME FROM APPROXIMATELY 15 YEARS FOLLOWING THE DATE OF JUDGMENT TO SEVEN AND A HALF TO EIGHT YEARS AND THERE WAS A LOT OF DEBATE ABOUT IT AT THAT TIME. THE SENATOR FROM LOUDOUN MENTIONED THE PERIOD OF TIME THAT CAN TAKE AS YOU EXHAUST THESE APPEALS AND NO WITH UNIS SEEKING TO DEPRIVE THAT CONVICTED DEFENDANT OF HIS OR OTHER CONSTITUTIONAL RIGHTS AND THE PROTECTION HERE OF. I AM SUGGESTING BASED ON MY EXPERIENCE THAT WHETHER THERE IS AN INTENDED FOR UNINTENDED CONSEQUENCE OF THIS AMENDMENT, THAT IT IS GOING TO INTER. INTO THE ENTIRE POPULATION OF THE APPEAL AND CARE RELIGIOUSING OUT OF THE DECISION OF THE JURY AND JUDGE, IT GOING TO EXTEND THE PERIOD OF TIME AND AFFORD THE BASIS FOR ADDITIONAL ATTACKS. AND BY THE WAY, VIRGINIA'S CAPITAL PUNISHMENT STATUTES INCLUDING THE CARRYING OUT OF THE JUDGMENT OF THE COURT, HAS BEEN ATTACKED MANY, MANY TIMES AND THE REASON THAT THE LEGISLATURE HAS BEEN RELUCTANT TO CHANGE ANY PORTION OF IT IS BECAUSE IT HAS WITHSTOOD EVERY CONSTITUTIONAL ATTACK AND TO PUT ADDITIONAL ELEMENTS INTO THAT IS ONLY AN INVITATION FOR ADDITIONAL CONSTITUTIONAL AND COLLATERAL ATTACKS. SO I WOULD ENCOURAGE YOU TO VOTE AGAINST THE AMENDMENT. THANK YOU, SENATOR. THE SENATOR FROM SOUTHERN FAIRFAX COUNTY, SENATOR BARKER.

Sen. George Barker (D-Alexandria): MR. PRESIDENT, SPEAKING TO THE AMENDMENT.

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. George Barker (D-Alexandria): MR. PRESIDENT, I BELIEVE THAT I AGREE WITH THE SENATOR FROM EASTERN FAIRFAX. WHETHER OR NOT THE AMENDMENT IS ADOPTED I PLAN TO VOTE AGAINST THE BILL. MY CONCERN, HOWEVER, WITH THIS PARTICULAR AMENDMENT IS THAT I AGREE WITH THE SENATOR FROM ROCKINGHAM IT WILL FURTHER COMPLICATE THE ABILITY TO USE THE LETHAL INJECTION METHOD IN IMPLEMENTING THE DEATH PENALTY AND WILL RESULT IN ALL OFFER NEARLY ALL OF THE EXECUTIONS BEING DONE BY THE ELECTRIC CHAIR WHICH I THINK IS MUCH LESS DESIRABLE THAN THE LE THAT WILL INJECTION METHOD AND I HOPE THEREFORE WE WOULD DEFEAT THIS AMENDMENT.

[Unknown]: THANK YOU, SENATOR. >> THE SENATOR FROM EASTERN FAIRFAX COUNTY, SENATOR SUROVELL.

Sen. Scott Surovell (D-Mount Vernon): I MOVE TO SPEAK IF NOBODY IS S. IN THE QUEUE. IF WITH PASS THIS WITHOUT ERWITH OR WITHOUT THE AMENDMENT THIS IS GOING TO THE COURTS FOR A LONG TIME. WE ARE INTERJECT AGNEW ELEMENT INTO IT. AND I -- WHETHER THIS AMENDMENT IS ADOPTED OR NOT, THIS THING IS GETTING LITIGATED BECAUSE WE ARE FUNDAMENTALLY CHANGING VIRGINIA'S EXECUTION LAWS IF WE PASS THE BILL TODAY. I WILL DEAL WITH THAT IN A SECOND AFTER THE FLOOR AMENDMENTS ARE DEALT WITH, NUMBER ONE. NUMBER TWO, ALL THIS AMENDMENT DOES IS INTERJECT SOME TRANSPARENCY ON THE PROCESS. THAT IS ALL IT DOES. WHY DO WE NEED TRANSPARENCY? I'M SORRY BUT I DON'T TRUST THE DEPARTMENT OF CORRECTIONS. I DON'T. WE DEBATED LEGISLATION LAST YEAR CARRIED BY THE SENIOR SENATOR FROM FAIRFAX COUNTY AND YOU VOTED ON IT AND PASSED OVER TO THE BODY AND WENT OVER TO THE OTHER BODY WHERE I HAPPENED TO BE AND THIS LEGISLATION PROPOSED TO SAY THE DEPARTMENT OF CORRECTIONS DIDN'T HAVE TO TELL US WHAT DRUGS THEY WERE USING TO KILL SOMEBODY. I WAS INVOLVED IN A FLOOR DEBATE. THAT BILL DIED WITH 33 DEMOCRATS AND 28 REPUBLICANS VOTING TO KILL IT. A WAS A BIPARTISAN EFFORT VOTING IN FAVOR OF SUNSHINE. VOTING IN FAVOR OF DISCLOSURE. VOTING IN FAVOR OF TAKING GOVERNMENT SANCTIONED DEATH OUT OF THE SHADOWS AND DOING IF IN A WAY THAT HAD SOME MEASURE OF TRANSPARENCY ABOUT IT. ON A BIPARTISAN BASIS. THAT IS ALL I AM ASKING TO DO HERE. AND I WOULD NOTE FOR THE BODY ONE OF MY FAVORITE QUOTES IS JUSTICE LOUIS BRANDISE. SUNSHINE IS THE BEST DISINFECTANT. WHEN YOU PROVIDE INFORMATION AND YOU HEY LOU PEOPLE TO LOOK AT IT AND ALLOW THE TAXPAYERS TO SEE HOW THEIR DOLLARS ARE BEING SPENT AND HOW THE GOVERNMENT IS DOING BUSINESS YOU GET BETTER RESULTS AND BETTER OUTCOMES OUTCOMES THATIS ALL THIS DOES.

[Unknown]: THE QUESTION IS SHALL THE FLOOR AMENDMENT BE AGREED TO. ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE NOS HAVE IT. THE FLOOR AMENDMENT IS NOT AGREED TO. THE JUNIOR SENATOR FROM HENRICO.

Sen. Scott Surovell (D-Mount Vernon): YES, THANK YOU, MR. PRESIDENT. I WAIVE THE READING OF THE FLOOR AMENDMENT.

[Unknown]: THE QUESTION IS SHALL THE READING OF THE FLOOR AMENDMENT BE WAIVED. ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IT. THE READING OF THE FLOOR AMENDMENT IS WAIVED. THE JUNIOR SENATOR FROM HENRICO, SENATOR DUNNAVANT. YES, SPEAK TO THE AMENDMENT, MR. PRESIDENT,. THE SENATOR HAS THE FLOOR. THIS IT MERELY IS A CLARIFICATION ABOUT THE PROCESS THAT THE DIRECTOR WILL TAKE TO ENSURE THAT SUBSTANTIAL EFFORTS THIS ANSWERS THE QUESTIONS OF ARE MADE. SOME OF THE OPPONENTS TO THE BILL REALLY JUST THAT THERE -- THAT EVERY OPPORTUNITY HAS BEEN MADE TO TRY AND FIND THE PREFERENTIAL WHEND THAT OF EXECUTION. -- METHOD OF EXECUTION. I THINK THAT ABOUT SAYS IT. THANK YOU. THE SENATOR FROM ROCKINGHAM, SENATOR OBENSHAIN.

Sen. Mark Obenshain (R-Harrisonburg): MR. PRESIDENT, SPEAKING TO THE AMENDMENT.

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. Mark Obenshain (R-Harrisonburg): I HAVE MUCH LESS STRONG FEELINGS ABOUT THIS AMENDMENT THAN THE OTHER ONE. FOR SOME OF THE SAME REASONS I ARTICULATED IN CONNECTION WITH THE SENATOR FROM SOUTHERN FAIRFAX I CANNOT SUPPORT IT.

[Unknown]: THANK YOU, SENATOR. THE QUESTION IS SHALL THE FLOOR AMENDMENT BE AGREED TO. ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IT. THE FLOOR AMENDMENT IS AGREED TO. THE SENATOR FROM ROCKINGHAM, SENATOR OBENSHAIN.

Sen. Mark Obenshain (R-Harrisonburg): MR. PRESIDENT, I MOVE THAT THE BILL PASS AND SPEAKING TO THE BILL.

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. Mark Obenshain (R-Harrisonburg): A LOT OF WHAT I HAD PLANNED TO SAY HAS BEEN SAID IN CONNECTION WITH THIS BILL. I WISH THIS BILL WERE NOT IN HE WAS. I WISH WE WERE IN A POSITION TO NOT HAVE TO VOTE ON THIS BILL. HOWEVER, AS I MENTIONED THE OPPONENTS OF CAPITAL PUNISHMENT HAVE BEEN SO SUCCESSFUL IN THEIR TACTICS THAT THIS BILL IS NECESSARY. AND THE TIMING IS PARTICULARLY POIGNANT RIGHT NOW. WE A COUPLE OF FOLKS ON DEATH ROW. AS A MATTER OF FACT, ONE WHOSE EXECUTION HAD BEEN SCHEDULED FOR MARCH, MAY STILL BE. BUT I AM NOT SURE THAT WE ARE GOING TO BE ABLE TO CARRY IT OUT. AT LEAST NOT UNTIL THIS BILL PASSES OR UNTIL WE ARE ABLE TO SECURE SUFFICIENT QUANTITIES OF THE DRUGS NECESSARY TO CARRY IT OUT. MOST OF YOU KNOW THE STORY. RICKY JAVON GREY IS SCHEDULED FOR EXECUTION THIS MONTH. HE IS CONNECTED TO NINE MURDERS. NINE MURDERS. CONVICTED OF SEVEN. HE IS CONNECTED TO A NOVEMBER 5, 2005 MURDER WHEN THE BADLY BEATEN BODY OF 35-YEAR-OLD TREVA TYRELL GREY WAS FOUND IN A SHALLOW GRAVE IN WASHINGTON, PENNSYLVANIA BY A PASSERBY.

[Unknown]: SENATOR, IF YOU COULD GIVE US TWO MINUTES. WE WILL LET SOME FOLKS LEAVE THE FLOOR OF THE SENATE AND THEN YOU CAN CARRY ON. I APPRECIATE IT. PLEASE PROCEED, SENATOR. THANK YOU, MR. PRESIDENT. AND THANKS TO MADAM CLERK. ON DECEMBER 18, 2005, SHERYL WARNER, A 37-YEAR-OLD SECRETARY AND MOTHER OF THREE, WAS FOUND SHOT AND HANGED BY AN ELECTRICAL CORD IN THE BASEMENT OF HER CULPEPPER HOME. THAT MURDER WAS CONNECTED TO RICKYJAVON GREY. OF THE SEVEN HE WAS CONVICTED OF THEY TOOK PLACE OVER THE COURSE OF SEVEN DAYS IN 2006. MOST HIGH PROFILE OF THOSE WAS THE HARVEY FAMILY, RUBY, STELLA, CATHERINE AND BRIAN. EARLY IN THE MORNING OF JANUARY 1, 2006, CATHERINE, BRIAN, STELLA AND RUBY A FAMILY OF FOUR, WERE FOUND DEAD, BEATEN, SLASHED, BOUND WITH ELECTRICAL CORDS AND TAPES IN THE BASEMENT OF THEIR BURNING HOUSE IN THE WOODLAND HEIGHTS DISTRICT OF RICHMOND. CATHERINE HARVEY, 39 YEARS OF AGE WAS CO-OWNER OF A LOCAL TOY SHOP CALLED THE WORLD OF MERTH. BRIAN HARVEY WAS A MUSICIAN OF NOTE, FORMER MEMBER OF A BAND WELL KNOWN CALLED THE HOUSE OF FREAKS A TWO-MAN COLLEGE BAND IN RICH MONDAY. THEIR DAUGHTERS STELLA AND RUBY WERE NINE YEARS OLD AND FOUR YEARS OLD. BRIAN AND CATHERINE DIED OF BLUNT FORCE TRAUMA TO THE HEAD. STELLA OF SMOKE INHALATION AND BLUNT FORCE TRAUMA TO THE HEAD. RUBY, SHE DIED OF STAB WOUNDS TO THE BACK. ONE OF WHICH PUNCTURED HER LUNGS. AND THEN ON JANUARY 6, POLICE RECEIVED A CALL FROM A CHESTERFIELD RESIDENT WHOSE WAS CONCERNED ABOUT THEIR DAUGHTER'S FRIEND. 21-YEAR-OLD NAMED ASHLEY BASKERVILLE. THE CALLER SUSPECTED THAT GREY AND DANDRIDGE HER FORMER HOUSE GUEST AND FORMER AND CURRENT BOYFRIENDS OF ASHLEY WERE INVOLVED IN THE HARVEY MURDERS. POLICE FOUND ITEMS AT THE CHESTERFIELD HOMES THAT LINKED THEM TO THE HARVEY CASE. AND THEY STORMED THE HOUSE ON EAST BROAD ROCK ROAD WHERE ASHLEY LIVED WITH HER MOTHER AND STEPFATHER. ALL THREE MEMBERS OF THE BACKERVILLE TUCKER FAMILY WERE FOUND DEAD, GAGGED, BOUND WITH TAPE IN THEIR RANSACKED HOUSE. PURCELL AND MARY HAD BEEN SLASHED ACROSS THE THROATS. THREE HAD SUFFOCATED DUE TO LAYERS OF DUCT TAPE WRAPPED AROUND THEM. ASHLEY HAD A PLASTIC BAG WRAPPED AROUND HER HEAD AS WELL SECURED WITH DUCT TAPE. THIS IS A GUY WHO IF WE HAVE CAPITAL PUNISHMENT HAS EARNED IT. IVAN TELLEGUESE WAS CONVICTED OF MURDER FOR HIRE IN ROCKINGHAM COUNTY. MY COUNTY. AND IS SCHEDULED TO BE SET FOR EXECUTION NEXT MONTH. NOW IVAN HAD BEEN DATING STEPHANIE SIKES. THEY BEGAN DATING WHEN SHE WAS IN HIGH SCHOOL. SHE BECAME PREGNANT WITH A SON, ZACHARY. HE DIDN'T WANT THE BABY AND HE LEFT THE AREA. AND HE WAS INVOLVED IN ILLEGAL SALES OF ASSAULT WEAPONS AND WAS INVOLVED IN ORGANIZED CRIME IN PENNSYLVANIA AND STEPHANIE COULDN'T SUPPORT HERSELF AND HER CHILD. AND SHE FILED FOR CHILD SUPPORT FOR HER SON. AND THIS SO ENRAGED IVAN TE LLEGUESE THAT HE HIRED TWO FRIENDS TO KILL HER BECAUSE SHE HAD THE AUDACITY TO ASK FOR CHILD SUPPORT. AND HE TOLD THEM WHEN YOU KILL HER, WHEN YOU KILL HER, I WANT YOU TO CUT HER AND CUT HER BAD. IN JULY OF 2001 THE KILLERS CAME TO HARRISONBURG AND HE SHOWED THEM WHERE STEPHANIE AND HIS SON LIVED. AND THEY WENT TO THE DOOR PRETENDED TO BE SOMEONE THEY WERE NOT. AND THEY WENT IN TO THE HOUSE AND THEY BRUTALLY ATTACKED STEPHANIE, CUT HER REPEATEDLY AS SHE FOUGHT FOR HER LIFE. THEY ALMOST SEVERED HER HAND, HER BODY WAS SHREDDED FROM FIGHTING FOR HER LIFE. AND THEY CUT HER HEAD ALMOST COMPLETELY OFF. AND YOU KNOW WHAT, THEY LEFT HER IN THAT HOUSE WHERE SHE WAS FOR24 HOURS WITH HER SON. AND WHEN THE POLICE ENTERED THE HOUSE THEY FOUND LITTLE BOY FOOTPRINTS WITH BLOOD AND FEE FECESALL OVER THE HOUSE. AND WHEN AT HIS TRIAL IVAN WAS SHOWN AUTOPSY PHOTOGRAPHS OF STEPHANIE SIPE, HE LAUGHED. YOU KNOW, SOME PEOPLE JUST HAVE BLACK HEARTS. THEY ARE PAST REDEMPTION. YOU KNOW, IF WE ARE GOING TO HAVE CAPITAL PUNISHMENT, LET'S HAVE IT. I SUPPORT CARRYING IT OUT IN THE MOST HUMANE WAY POSSIBLE. BUT AS I HAVE MENTIONED, OPPONENTS WELL INTENTIONED AS THEY MAY BE HAVE MADE IT IMPOSSIBLE OR VERY DIFFICULT TO CARRY IT OUT THROUGH LETHAL INJECTION. I HOPE WE ARE ABLE TO SECURE THE DRUGS TO PROVIDE THE MOST HUMANE MEANS OF CARRYING OUT CAPITAL PUNISHMENT. BUT IF THESE TWO CASES DO NOT ILLUSTRATE THE NEED AND THE REASON WHY WE HAVE IT, I DO NOT KNOW WHAT DOES. SO, MR. PRESIDENT, I WOULD ASK THAT THIS BILL PASS. THANK YOU. LET'S HEAR FROM EASTERN FAIRFAX COUNTY. SENATOR SUROVELL. THANK YOU, MR. PRESIDENT. SPEAKING TO THE BILL. THE SENATOR HAS THE FLOOR. THANK YOU, MR. PRESIDENT. LADIES AND GENTLEMEN OF THE SENATE, I AGREE THIS IS A SAD DAY WHEN WE ARE HAVING TO TALK ABOUT THIS AND DEAL WITH THIS ISSUE. ALSO A SAD DAY THE SECT TIME I HAD TO GIVE IT SPEECH AND SPEAK TO THE BILL. NOT THE FIRST TIME THIS LEGISLATURE HAS SEEN IT. WE SAW IT THREE YEARS AGO. TWO OR THREE YEARS AGO. AND I THINK THE SENATE DID THE RIGHT THING THAT YEAR BY KILLING IT IN COMMITTEE. UNFORTUNATELY, THAT IS NOT THE SITUATION THIS YEAR. AND THIS IS NOT AN ANTIDEATH PENALTY SPEECH. I'M NOT GOING TO TELL YOU WHY WE SHOULD GET RID OF THE DEATH PENALTY. TODAY WE ARE TALKING ABOUT WHAT IS THE RIGHT WAY TO DO IT AND THAT IS WHAT I AM GOING TO FOCUS MY COMMENTS ON. I WANT YOU TO ARGUE IF YOU FAVOR THE DEATH PENALTY AND WANT TO SEE IT IMPOSED, THE RIGHT THING TO DO IS VOTE RED. BYPASSING THE LAW THIS THING IS HEADING RIGHT TO THE COURTS AND I DON'T THINK IT WILL SURVIVE AND HE WILL EXPLAIN THAT IN A SECOND. FIVE POINTS. NUMBER ONE, THIS BILL IS UNNECESSARY. POORLY WRITTEN. THREE, JEOPARDIZES. AND FOUR NO TRANSPARENT IS I AND TAKES A MASSIVE STEP BACK WARDS FOR THE STATE BYING IF THIS DIRECTION. FIRST OF ALL? WHY IS IT UNNECESSARY? SOME CONCERN ABOUT WHETHER OR NOT WE HAVE THE DRUGS. I KEEP HEARING THAT. RIGHT NOW TODAY VIRGINIA STILL HAS TWO VIALS OF THE DRUGS. THEY BOUGHT THREE FROM TEXAS AFTER WE TOLD THEM OR AFTER WE VOTED DOWN -- VOTE THE DOWN LEGISLATION LAST YEAR MAKING THE WHOLE PROCESS SECRET THEY WENT AND BOUGHT THREE VIALS FROM TEXAS WHICH HAS A SECRET PROCESS. WE STILL HAVE TWO VIALS LEFT. ONE USED LAST YEAR AND THEY HAVE TWO VIALS LEFT. IT IS THE DEPARTMENT'S POSITION NOW THAT BECAUSE THE PROTOCOL REQUIRES THOME HAVE THREE IN THEIR HANDS BECAUSE THE CURRENT PROTOCOL THAT THEY WON'T LET ANYBODY SEE, BY THE WAY, REQUIRES THEM TO HAVE THREE IN THEIR HAND THAT THEY CAN'T GO FORWARD. IT TOOK ONE TO EXECUTE AND THEY CAN CHANGE THE PROTOCOL AND THEY DON'T HAVE TOESHOE IT TO US. THEY STILL HAVE THE DRUGS TO DO IT. THERE IS NO BURNING NEED TO DO THIS TODAY. THEY HAVE ENOUGH DRUGS TO CONDUCT TWO MORE EXECUTIONS. IS IF THEY ARE BEING HONEST, WHICH I STILL QUESTION. NUMBER ONE. NUMBER TWO, IS THIS DRUG ALSO ARE THESE DRUGS IMPOSSIBLE TO GET? IF THEY ARE SO HARD TO GET AND SO DIFFICULT TO FIND THE DRUGS, WHY HAVE SEVEN EXECUTIONS TAKEN PLACE IN THE UNITED STATES THIS YEAR BY LETHAL INJECTION. IF IT IS IMPOSSIBLE TO FIND THE DRUGS HOW ARE THE OTHER STATES ABLE TO TO IT J WE HAVE BEEN TOLD THERE IS A CRISIS AND EMERGENCY. WHAT RICKY GREY DID WAS AWFUL, HORRIBLE, HORRIFIC, BARBARIC. NO QUESTION ABOUT THAT. BUT I QUESTION WHETHER THIS IS ABOUT RICKY GREY WHEN THERE IS NOT EVEN AN EMERGENCY CLAUSE ON THIS BILL, RIGHT? I MEAN IN HE IS CURRENTLY SCHEDULED TO BE EXECUTED ON MARCH 16. IF THIS IS BILL IS ABOUT RICKY GREY WHERE IS THE EMERGENCY CLAUSE? I WOULD SUBMIT THIS IS NOT WHAT IT IS ABOUT. MR. PRESIDENT, NUMBER TWO, THIS BILL IS HORRIBLY WRITTEN AND WE TALKED ABOUT THAT A SECOND AGO FOCUSING ON THE AMENDMENTS. SAYS THE DEPARTMENT OF CORRECTIONS SAYS THEY CAN'T FIND THE DRUGS FOR ANY REASON AND THERE IS NO RESTRICT,S. INCREDIBLY VAGUE, HORRIBLE, OPEN ENDED. I CANNOT BELIEVE WE HAVE LANGUAGE TO VAGUE WHEN WE TALK ABOUT EXECUTING HUMAN LIFE. THAT IS A GOOD REASON? WHAT IS THE DEPARTMENT OF CORRECTIONS. CAN ANYBODY HERE TELL ME WHAT IS REASON IS. WE ARE ABOUT TO GIVE THE DEPARTMENT OF CORRECTIONS THE AUTHORITY TO GO TO THE ELECTRIC CHAIR FOR ANY REASON. IS THIS A GOOD REASON. I DIDN'T FEEL LIKE ORDERING THE DRUGS. I DIDN'T WANT TO ORDER THE DRUGS. I FORGOT TO ORDER THE DRUGS. I CHANGED THE SECRET PROTOCOL TO NOW REQUIRE FIVE VIALS INSTEAD OF THREE. WE GAVE THE DEPARTMENT OF DIRECTIONS TO PICK ANY REASON THEY WANT TO NOT GET THE DRUGS AND NOW THEY CAN GO TO THE ELECTRIC CHAIR. WE ARE ADVOCATING OUR RESPONSIBILITY TO ENACT LAWS AND GIVING THE DEPARTMENT OF CORRECTIONS THE AUTHORITY TO DO WHATEVER THEY WANT FOR WHATEVER REASON THEY WANT NO MATTER WHO HAPPENS TO BE IN THE GOVERNOR'S MANSION OR WHATEVER ELSE. WE ARE ABDICATING OUR RESPONSIBILITIES IF WE PASS THE LAW IN ITS CURRENT FORM. THIS IS PROBABLY A DE FACTO ELECTRIC CHAIR BILL. WE DID CHANGE IT A LITTLE BIT AND NOW SAYS THE DEPARTMENT HAS TO EX-ER SIZE SUBSTANTIAL EFFORTS TO GO FIND THOSE DRUGS. BUT THAT IS GOING TO ADD AN ISSUE THAT HAS TO BE LITIGATED BY THE COURTS. WHY DOES THIS JEOPARDIZE THE DEATH PENALTY? LET ME TELL YOU WHY. EVERY COURT THAT HAS LOOKED AT THE ELECTRIC CHAIR IN THE LAST 20 YEARS, I SHOULDN'T SAY EVERY, TWO OUT OF THREE COURTS, THE LAST TIME I SPOKE ON THIS I GOT POLITIC-FACTED AND THEY FOUND ME MOSTLY TRUE. TWO OUT OF THE THREE COURTS THAT LOOKED AT THE ELECTRIC CHAIR IN THE LAST 20 YEARS HELD THAT THE ELECTRIC CHAIR VIOLATES THE AMENDMENT OF THE CONSTITUTION. FLORIDA FOUND IT WAS OKAY BECAUSE THERE WAS LETHAL INJECTION. THE SUPREME COURT OF GEORGIA. GEORGIA OF ALL PLACES, FOUND THE ELECTRIC CHAIR CONSTITUTED CRUEL AND UNUSUAL PUNISHMENT. THE SUPREME COURT OF NEBRASKA. THE LAST STATE THAT HAD AN ELECTRIC CHAIR ONLY METHOD FOUND IT CONSTITUTED CRUEL AND UNUSUAL PUNISHMENT. GIVE YOU THAT BACKDROP. THE SUPREME COURT OF VIRGINIA THEY LAST LOOKED AT THIS IN 1921. COMMONWEALTH VS. HART. NOW THE LAST TIME THE SUPREME COURT WAS ASKED TO LOOK AT IT REQUESTED TO LOOK AT IT. 2013. LAWLER VS. COMMONWEALTH. AND DEALT WITH IT IN A SUMMARY, SHORT AND QUICK FASHION. THE SUPREME COURT SAID WHEN A PRISONER IS SENTENCED TO DEATH MAY CHOOSE, CHOOSE TO HAVE HIS SENTENCE EXECUTED THROUGH A CONSTITUTIONALLY PER MISSABLE METHOD WE WILL NOT CONSIDER A CONSTITUTIONAL CHALLENGE TO AN ALTERNATIVE CHOICE. WHEN THE PRISONER HAS A CHOICE THE SUPREME COURT OF VIRGINIA WON'T LOOK AT IT. TAKE AWAY THE CHOICE, YOU CHANGE EVERYTHING. THAT IS WHAT WE ARE DOING WITH THIS BILL. WE SAY YOU DON'T GET TO PICK LE THAT WILL INJECTION ANYMORE AND HOW TO WE WILL PUT YOU IN THE ELECTRIC CHAIR YOU COMPLETELY CHANGED THE LEGAL LANDSCAPE OF THE COMMONWEALTH OF VIRGINIA AND NOW THE SUPREME COURT OF VIRGINIA IS GOING TO HAVE TO LOOK AT THE ELECTRIC CHAIR AND DECIDE WHETHER OR NOT ON CONTEMPORARY STAN DADS IT VIOLATES THE EIGHTH AMENDMENT OF THE UNITED STATES CONSTITUTION AND THE CONSTITUTION OF VIRGINIA AND EVERY COURT THAT LOOKED AT IT SAYS IT CONSTITUTES TORTURE. WANT TO TALK ABOUT A BILL THAT HAS THE FISCAL IMPACT. THE ATTORNEY GENERAL WILL NEED 10 MORE LAWYERS TO DEAL WITH THIS AND THE INDIGENT DEFENSE LAWYERS NEED MORE MONEY TO LITIGATE IT BECAUSE THIS IS GETTING LITIGATED IF WE PASS THIS. NUMBER FOUR, TRANSPARENCY. THE FOURTH REASON WE SHOULD VOTE THIS DOWN. TRANSPARENCY. I'M A BIG ADVOCATE FOR TRANSPARENCY. I THINK THE GOVERNMENT SHOULD DO EVERYTHING IT CAN WITH MAXIMUM TRANSPARENCY. THEY SHOULD EXTINGUISH A HUMAN LIFE WITH AS MUCH TRANSPARENCY AS POSSIBLE. THIS BILL IS A MYSTERY TO ME. IT WAS AN ADMINISTRATION BILL. I HEARD THE ADMINISTRATIONS OUT THERE HAVING MEETINGS ABOUT IT AND LOBBYING PEOPLE ABOUT IT, BUT IT IS NOT THEIR BILL. THE GENTLE LADY FROM PETERSBURG HAD A BILL EVEN A DEATH PENALTY MORATORIUM. WHEN THE BILL MOVED THROUGH THE PROCESS IT WAS MY UNDERSTANDING NOT A SINGLE ADMINISTRATION OMISSION APPEARED TO TALK ABOUT THE HEARING TO ANSWER A SINGLE WE ARE TALKING ABOUT CHANGING QUESTION ABOUT IT. THE DEATH PENALTY AND NO LEGISLATOR HAS BEEN ABLE TO ASK A QUESTION BEFORE IT IS ENACTED. WHEN IS THE LAST TIME YOU HEARD SOMETHINGLIKE THAT? THE GENTLE LADY FROM PETERSEN PUT IN A DEATH PENALTY MORATORIUM BILL. NOT A SINGLE PERSON IN THE ADMINISTRATION SHOWED UP TO MR. PRESIDENT, POINT OF ANSWER QUESTIONS. ORDER. THE PRESIDENT FROM JAMES CITY COUNTY, SENATOR NORMENT. I THINK IT WOULD BE APPROPRIATE IF THE LOQUACIOUS SENATOR WOULD FOCUS HIS COMMENTS ON 815 AND NOT BILLS INTRODUCED YEARS AGO, THE BILLS THAT THE LADY FROM PETERSBURG INTRODUCE. THANK YOU, SENATOR. PLEASE PROCEED. THE ADMINISTRATION THE DEPARTMENT OF CORRECTIONS I SHOULD SAY IS NOT ANSWERING QUESTIONS ABOUT THIS LEGISLATION AND I WANT TO REMIND YOU WHAT HAPPENED LAST TIME WE DEBATED THE DEATH PENALTY. THEY SHOWED UP AND SAID WE DON'T HAVE THE DRUGS AND WE NEED TO HAVE SECRECY. A MONTH LATER THE RICHMOND TIMES DISPATCH RUNS AN ARTICLE THAT SAYS WE DO HAVE THE DRUGS AND WE NEED TRANSTARE RENTCY IN THE PROCESS. THE BILL DOESN'T HAVE IT. A HISTORY WHICH IS WHY WE NEED TO HAVE TRANSTARE RENTCY. WITHOUT THE TRANSPARENCY THIS DOESN'T WORK. I WOULD NOTE THE COMMONWEALTH OF VIRGINIA GIVES MORE TRANSPARENCY TO THE PURCHASE OF FURNITURE THAN WE DO HAVE THE GOVERNMENT'S TRANSPARENCY GIVEN TO THE TAKING OF HUMAN LIFE AND TO ME THAT IS WRONG AS A MATTER OF POLICY. FIFTH THING I WILL SAY, MR. PRESIDENT, IS THAT THE ELECTRIC CHAIR IS OUTDATED AND IT IS BARBARIC. IT WAS FIRST ADOPTED IN 1888 IN THE STATE OF NEW YORK BECAUSE HANGING WAS SCENE AS BARBARIC. ACTUALLY THE INITIAL DEATH PENALTY LITIGATION WAS UNDER FUNDED BY THOMAS EDISON AND GEORGE WESTINGHOUSE BECAUSE THEY WERE BOTH TRYING TO PROVE EACH OTHER'S FORM OF ELECTRICITY WAS MOST DANGEROUS. VIRGINIA FIRST ADOPTED IT IN 1908. IT WAS ADOPTED THE SAME DECADES WE DISCOVERED MOVIES AND THE AUTOMOBILE AND WHEN COCA-COLA WAS INVENT. SOMETHING THAT WAS INVENTED OVER 100 YEARS AGO. THE ELECTRIC CHAIR HAS NEVER BEEN VALIDATED. YOU CAN'T FIGURE OUT WHAT IS THE BEST WAY TO KILL A MENU MAN BEING WITH ELECTRICITY. IT DOESN'T WORK THAT WAY BECAUSE IT IS NOT LEGAL. THEY USE THE DIFFERENT KINDS OF SPONGES AND TRIED TO FIGURE OUT WHETHER IT IS PROPER TO PLUG IN TO THE TOE OR CALF OR KNEE OR YOUR EARS. IT HAS BEEN THIS TRIAL AND ERROR PROCESS OVER THE LAST 100 YEARS WITH BODIES CATCHING ON FIRE AND PEOPLE GETTING HALF ELECTROCUTED AND THEN SURVIVING OR BAKING OR WHATEVER AS PART OF THE PROCESS. A PROCESS THAT HAS NEVER BEEN FIGURED OUT COMPLETELY. THERE ARE REPEAT THE INSURANCE INSURANCE -- INSTANCES OF MISTAKES WHICH WE ARE ABOUT TO SAY IS THE PREFERRED METHOD TO BE USED. WHAT DID THE GEORGIA SUPREME COURT SAY WHEN THEY WERE ASKED TO LOOK AT IT IN 2001. WE HOLD THAT THE EX-VIOLATES THE PROHIBITION AGAINST CRUEL AND UNUSUAL PUNISHMENT. ASK THE GENTLEMAN FROM NORFOLK. HE HAS SEEN IT. NOW I UNDERSTAND THE THINGS THAT RICKY GREY DID AND OTHER PEOPLE THAT HAVE GOTTEN THE DEATH PENALTY HAVE DONE. THEY ARE HORRIBLE AND THEY ARE BARBARIC. THEY SHOULD -- THEY DESERVE PUNISHMENT, NO QUESTION. MAXIMUM PUNISHMENT THAT THE STATE CAN INFLICT. THE SUPREME COURT OF NEBRASKA HEARD FACTS LIKE THAT WHEN THEY SAID IS WE RECOGNIZE THE TEMPTATION TO MAKE THE PRISONER JUST AS THE PRISONER MADE THE VICTIM SUFFER. CONDEMNED PRISONERS MUST NOT BE TORTURED TO DEATH REGARDLESS OF THEIR CRIMES. WE SHOULDN'T BE DOING THIS. 80% OF THE STATES, 80% OF THE STATES THAT HAD THE ELECTRIC CHAIR AT ONE POINT HAVE NOW REPEALED IT. 80%. POLITIC-FACT CHECKED ME. TENNESSEE, ALABAMA, SOUTH CAROLINA, FLORIDA, AND KENTUCKY. IF YOU WERE CONVICTED BEFORE 1998. WE ARE INCREASINGLY ISOLATED, MR. PRESIDENT. WHAT I WOULD SAY IS THAT THIS BODY UNLIKE THE BODY ON THE OTHER SIDE OF THE AISLE WE ARE MORE GROWN UP AND MORE REASONED. YOU HEARD THE GENTLEMAN FROM LYNCHBURG TALK ABOUT IT WE ARE THE MORE REASONED BODY AND MORE DELIBERATE AND I THINK WE MAKE BETTER DECISIONS. IF YOU PUSH THE GREEN PUT TON YOU ARE SENDING US INTO A HAIL STORM OF LEGAL CHAOS, UNCERTAINTY, LITIGATION AND SEND US ON A COLLISION WITH THE SUPREME COURT OF THE UNITED STATES. THAT IS WHERE IT GOES IF YOU PUSH THE GREEN BUTTON. WHEN SOMEBODY IS GIVEN THE DEATH PENALTY THE STATE IS CHARGED WITH EXTINGUISHING A HUMAN LIFE, NOT TORTURING SOMEONE BRUTALLY UNTIL THEY FINALLY DIE. I WOULD URGE YOU TO VOTE RED ON THE BILL. THANK YOU, MR. PRESIDENT. THE SENIOR SENATOR FROM F., SENATOR SASLAW.

Sen. Dick Saslaw (D-Springfield): I CAN PROMISE YOU I WON'T BE THAT LONG. LET ME JUST SAY THIS. WE HAVE THE U.S. SUPREME COURT FOR A REASON. AND, QUITE FRANKLY, IF HE FEELS THIS WILL PUT THEM TO WORK, SO BE IT, OKAY. WE ARE TALKING ABOUT EXECUTING PEOPLE WHO HAVE FOR THE MOST PART IN ALMOST EVERY CASE BECAUSE YOU GOT TO EARN YOUR WAY INTO THAT ELECTRIC CHAIR OR ON THAT GURNEY. THEY HAVE DONE THESE ACTS AND GIVEN UP THEIR RIGHT TO LIVE. ESSENTIALLY YOU KILL SEVEN PEOPLE YOU ARE NOT A HUMAN BEING, I'M SORRY. YOU KILL SEVEN PEOPLE YOU HAVE GIVEN UP THE TITLE OF HUMAN BEING AND YOU DESERVE WHATEVER YOU GET. LET ME REPEAT THAT. YOU DESERVE WHATEVER YOU GET. AND YOU KNOW, I SIT HERE AND I HEAR THAT OH, MY LORD, HE MIGHT HAVE TO SUFFER. YOU KNOW WHAT? LOOK WHAT THIS GUY WHO WAS SUPPOSED TO SCHEDULED TO BE EXECUTED BY THE WAY, FLORIDA COMPOUNDS THEIR OWN DRUGS AND THAT IS SOMETHING THAT ULTIMATELY WE MAY LOOK AT IT. BUT I DON'T FEEL ONE BIT SORRY FOR HIM AND IF WE DON'T HAVE THE NECESSARY DRUGS THEN WE NEED THIS BILL. AND WHEN YOU COMMIT ACTS AS I SAID WHEN YOU COMMIT ACTS LIKE THAT, YOU GIVE UP YOUR RIGHT TO, YOU NOW, AS FAR AS I'M CONCERNED TO SAY WELL, I WANT TO DIE HUMANELY. I JUST GOT TWO RECORDS FOR ANYBODY WHO THINKS WE SHOULDN'T HAVE THE CAPITAL PUNISHMENT AND WE SHOULDN'T BE ABLE TO EXECUTE PEOPLE. TIMOTHY MCVEIGH.

[Unknown]: THANK YOU, SENATOR. SNORT FROM ROCKINGHAM, SENATOR OBENSHAIN.

Sen. Dick Saslaw (D-Springfield): MR. PRESIDENT, I WILL BE BRIEF. A COUPLE OF THINGS. NUMBER ONE, SENATOR FROM SENIOR SENATOR FROM FAIRFAX RAISES A GOOD POINT CONCERNING COMPOUNDING. YOU KNOW WHY WE DON'T HAVE COMPOUNDING AS AN ALTERNATIVE? IT IS FOR THE VERY SAME REASONS THAT WERE ARTICULATED IN OPPOSITION THIS AND IT IS THE EFFORTS OF OPPONENTS OF CAPITAL PUNISHMENT TO GET THE KIND OF TRANSPARENCY THAT WILL BE USED TO PUNISH THE COMPOUNDERS, THE MANUFACTURERS OF THE COMPONENT PARTS, THE KIND OF TRANSPARENCY THAT IS SOUGHT TO FIND OUT WHO MEMBERS OF THE EXECUTION STAFF ARE TO DO EVERYTHING POSSIBLE TO INTIMIDATE AND PREVENT THE CARRYING OUT OF CAPITAL PUNISHMENT. MAYBE WE CAN COME BACK AND ADDRESS COMPOUNDING NEXT YEAR, BUT THAT WAS DEFEATED LAST YEAR BY SOME OF THE SAME OPPONENTS OF THIS BECAUSE OF THE UNREASONABLE DEMANDS FOR EXCESSIVE TRANSPARENCY THAT WE ALL KNOW IS GOING TO BE USED TO TRY AND UNDERMINE THE CARRYING OUT OF CAPITAL PUNISHMENT. THERE WAS SUGGESTION MADE THAT WE ARE GOING TO HAVE INCREASED LITIGATION. I GOT NEWS FOR YOU, THERE IS NO CASE, NO CATEGORY OF CASES MORE LITIGATED THAN CAPITAL CASES ANYWAY. THIS IS SIMPLY ONE MORE SECTION IN THE VERY SAME BRIEFS THAT ARE GOING TO BE FILED BY THE VERY SAME LAWYERS ON EVERY SINGLE ONE OF THESE CASES. IT IS NOT GOING TO CHANGE THE LEGAL LANDSCAPE IN THAT REGARD. MR. PRESIDENT, I WOULD ALSO SUGGEST THAT IF AS THE SENATOR FROM SOUTHERN FAIRFAX SUGGESTS, IF HIS CONCERNS ABOUT THE EARNEST OF THE STAFF OF THE DEPARTMENT OF CORRECTIONS AND EARNESTNESS OF THE EFFORTS BY THE ADMINISTRATION TO SECURE THE EXECUTION DRUGS ARE, INDEED, WELL FOUNDED THEN PERHAPS THIS LEDGE IS GOING TO BE THE BEST THING THAT WE CAN DO IN ORDER TO ENSURE THAT CAPITAL PUNISH INEN IS CARRIED OUT IN THE MOST HUMANE WAY POSSIBLE IF AS THE GENTLEMAN SUGGESTS EFFORTS ARE SOMEHOW WEAK KNEED AND HALF HEARTED TO SECURE THESE DRUGS IF OTHER STATES ARE ABLE TO GET IT AND VIRGINIA FOR SOME REASON ISN'T EVEN TRYING TO GET IT LET ME TELL YOU, THIS GIVES THEM SOME PRETTY DOGGONE GOOD INCENTIVE TO GO OUT AND GET THOSE COMPONENT PARTS FOR THE DRUGS THAT ARE UTILIZED TO CARRY OUT THE MOST HUMANE MEANS OF ADDRESSING CAPITAL PUNISHMENT. MR. PRESIDENT, NOBODY WANTS THERE TO BE CASES IN WHICH WE ARE EXECUTING PRISONERS. I DON'T. I DON'T WANT THIS BILL. I WANT US TO BE ABLE TO SECURE THE DRUGS NECESSARY TO CARRY OUT EXECUTIONS BY LETHAL INJECTION TO THE EXTENT WE HAVE TO DO IT. BUT THIS UNFORTUNATELY UNDER THE CIRCUMSTANCES AFTER HAVING VOTE THE AGAINST THIS LEGISLATION FOR A COUPLE OF YEARS RUNNING I AM PERSUADED THAT THIS IS NECESSARY. THIS IS THE APPROPRIATE RESPONSE AND IT IS MY HOPE THAT THIS WILL LEAD TO THE RESOLUTION OF THE


[Unknown]: THE MOTION IS AAGREED TO. HOWELL BILL 815. THE HOUSE HAS REJECTED THE SENATE AMENDMENT. I MOVE THAT WE INSIST ON THE AMENDMENT AND REQUEST A COMMITTEE OF CONFERENCE. ALL IN FAVOR OF THE MOTION W. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CH ANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL. AYES 37, NOS 2. AYES 37, NOS 2. THE MOTION IS AGREED TO. HOUSE BILL 894, THE HOUSE HAS REJECTED THE SENATE SUBSTITUTE. THE SENATOR FROM LYNCHBURG, SENATOR NEW-MILE-AN-HOUR. I MOVE THAT WE INSIST ON OUR


Del. Jackson Miller (R-Manassas): OBTAIN THE PHARMACEUTICALS NEEDED FOR LETHAL INJECTION, AND I MOVE THAT WE ACCEPT THE CONFERENCE REPORT.

Del. Bill Howell (R-Fredericksburg): GENTLEMAN FROM ARLINGTON, MR. LOPEZ.

Del. Alfonso Lopez (D-Arlington): THANK YOU, MR. SPEAKER. WILL THE GENTLEMAN YIELD FOR A QUESTION?

[Unknown]: GENTLEMAN YIELD?

Del. Alfonso Lopez (D-Arlington): I YIELD.

[Unknown]: GENTLEMAN YIELDS. MR. SPEAKER, WILL THE GENTLEMAN EXPLAIN, IF THIS IS ESSENTIALLY A SECRET PROCESS, HOW DO WE VERIFY THAT A SUBSTANTIAL EFFORT HAS BEEN MADE? MR. SPEAKER, I'M SURE THAT WOULD BE DETERMINED WITHIN THE COURTS IN THE MANY APPEALS THAT HAPPEN IN ALL OF THESE DEATH PENALTIES. THANK YOU, MR. SPEAKER.

Del. Bill Howell (R-Fredericksburg): SHALL THE CONFERENCE REPORT BE ADOPTED? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 65, NO, SIR 32. AYES 65, NOS 32.


Del. Bill Howell (R-Fredericksburg): WILL THE -- THE HOUSE WILL COME TO ORDER. THE PURPOSE OF THE ORIGINAL BILL RELATES TO THE METHOD OF EXECUTION AND I BELIEVE THAT'S WHAT THE GOVERNOR SUBSTITUTE DEALS WITH AS WELL SO I'M GOING TO SAY IT'S PROPERLY BEFORE US. THE GENTLEMAN FROM PRINCE WILLIAM.

[Unknown]: THE GOVERNOR'S AMENDMENT TO HOUSE BILL 815 AREN'T EXACTLY WHAT I WANTED IN MY ORIGINAL BILL AND I DID HAVE MY OWN QUESTIONS ABOUT THIS BILL, THAT'S WHY I ASKED FOR THE GOVERNOR'S OFFICE TO REEXAMINE IT AND AN OPINION FROM THE ATTORNEY GENERAL'S OFFICE, AS DID SENATOR SUROVELL AND DELEGATES MARCUS ON THIS LEGISLATION. THE GOVERNOR'S AMENDMENTS ARE CONSTITUTIONAL, THEY WILL LEGAL, THEY SHOW HOW OTHER STATES HAVE ALMOST IDENTICAL LEGISLATION AND THIS HAS PASSED THE MUSTER IN THOSE STATES AS WELL. MR. SPEAKER, WITH THAT BEING SAID, I BELIEVE EVERYONE HERE HAS SEEN, HEARD OR READ ABOUT THIS BILL. EARLIER THIS MORNING, I SENT OUT THE 13 PAGE OPINION FROM THE ATTORNEY GENERAL'S OFFICE WHICH THE VERY DEFINITIVE AND VERY STRONG IN HIS WORDING THAT THIS IS CONSTITUTIONAL AND IS LEGAL AND THEREFORE, I WOULD ASK THAT THE BODY ACCEPT THE GOVERNOR'S AMENDMENTS.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM FAIRFAX, MR. LEMUNYON.

Del. Jim LeMunyon (R-Oak Hill): THANK YOU MR. SPEAKER. SPEAKING TO THE GOVERNOR'S RECOMMENDATION?

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN HAS THE FLOOR.

Del. Jim LeMunyon (R-Oak Hill): THANK YOU SIR. MR. SPEAKER, LADIES AND GENTLEMEN OF THE HOUSE, I HOPE WE WOULD DEFEAT OR REJECT THIS RECOMMENDATION FOR THE BENEFIT OF THE FIRST TERM MEMBERS. WE DEFEATED SENATE BILL 1393, A SIMILAR BILL RELATED TO SURROUNDING -- SURROUNDING THE PRODUCTION OF LETHAL INJECTION DRUGS IN SECRECY, TAKING THEM OUT OF THE DOMAIN OF THE FREEDOM OF INFORMATION ACT. AS PROBLEMATIC AS THAT BILL WAS, IT ACTUALLY INCLUDED A PROVISION THAT MADE SENSE. THAT'S NOT INCLUDED IN THIS RECOMMENDATION. I WILL READ IT TO YOU. NOTHING IN THIS SECTION SHALL PROHIBIT THE BOARD OF PHARMACY FROM INSPECTING OR INVESTIGATING A PHARMACY OR OUTSOURCING FACILITY COMPOUNDING DRUGS PURPOSE SIEWRNT TO THIS SECTION OR INVESTIGATING A PERSON AUTHORIZED TO COMPOUND DRUGS PURSUANT TO THIS SECRETARY OF STATE. NOW, THAT'S TAKEN OUT OF THE RECOMMENDATION THAT WE HAVE BEFORE US. I DON'T RECALL THERE BEING AN EXPLANATION FROM THE GOVERNOR ON THIS PARTICULAR MEASURE. BUT I'M GOING TO GUESS THAT SOMEONE DETERMINED THAT THE BOARD OF PHARMACY WASN'T THE APPROPRIATE ENTITY TO BE INVOLVED IN EVALUATING LETHAL INJECTION DRUGS OR THEIR PRODUCTION. THE PROBLEM IS THE GOVERNOR DIDN'T REPLACE THE BOARD OF PHARMACY WITH ANYTHING ELSE. AND SO WE WON'T KNOW WHO THE PRODUCER IS, WE WON'T KNOW WHERE THEY ARE LOCATED, WHETHER THEY ARE IN THE UNITED STATES OR OUTSIDE THE UNITED STATES. WE DO KNOW THAT OTHER STATES HAVE GONE INTERNATIONALLY FOR THESE DRUGS. WE WILL HAVE TO TRUST THAT THE DRUGS THAT THEY DELIVER ARE WHAT WE EXPECT, ARE WHAT THE PRODUCER SAYS THEY ARE, AND ARE IN ACCORDANCE WITH WHATEVER LOCAL, INTERNATIONAL, NATIONAL REGULATIONS OR LAWS APPLY. IN OTHER WORDS, TRUST, BUT DON'T VERIFY. WHEN YOU PUT THIS IN CONTEXT, I WOULD JUST POINT OUT IF THIS BECOMES LAW, THE COMMONWEALTH OF VIRGINIA, WE THE PEOPLE, OUR CITIZENS, WOULD BE MORE CERTAIN ABOUT THE CHEMICAL COMPOSITION OF THE ASPHALT THAT VDOT BUYS TO PUT ON OUR ROADS THAN THE DRUGS WE PUT IN THE VEINS OF SOMEONE WE WANT TO EXECUTE. I DON'T THINK IT'S ABOUT THE DEATH PENALTY, I THINK IT'S ABOUT GETTING THIS RIGHT, I THINK WE OUGHT TO DEFEAT THIS MEASURE AND MAYBE NEXT TIME THE GOVERNOR CAN COME BACK WITH A BILL IN JANUARY, NOT APRIL, AND WE WILL GET IT RIGHT. THANK YOU.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM FAIRFAX, MR. SIMON. >>

Del. Marcus Simon (D-Falls Church): MR. SPEAKER, SPEAKING TO THE GOVERNOR'S AMENDMENT?

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN HAS THE FLOOR.

Del. Marcus Simon (D-Falls Church): MR. SPEAKER, I DON'T OFTEN AGREE WITH DELEGATE LEMUNYON, THE GENTLEMAN FROM FARE FAX. WE HAD A LOT OF TALK ABOUT ABOUT -- TALK TODAY ABOUT FLIPPING OF VOTES, ABOUT MAKING SOME OF THESE VERY, VERY SERIOUS ISSUES TOO POLITICAL, AND I THINK THAT THIS IS AN EXAMPLE OF AN ISSUE WHERE I THINK WE CAN PUT THE POLITICS ASIDE. IF SOMEBODY LIKE ME GETS UP, AND THERE'S PROBABLY A COUPLE OF YOU THAT WERE THINKING YOU WESTBOUND GOING TO GO THE OTHER WAY, BECAUSE IF SIMON IS FOR IT, I GOT TO BE AGAINST IT, AND I HOPE YOU ARE THINKING ABOUT THIS ON THE MERITS, ABOUT WHAT IT DOES AND THE POLICY OF THE COMMONWEALTH OF VIRGINIA OUGHT TO BE WHEN IT COMES TO HOW WE MAKE THE DECISION TO EXECUTE THE CONDEMNED ON DEATH ROW. TWENTY-TWO OF YOU ALL, THEY ARE STILL HERE, I COUNTED UP FROM LAST YEAR, VOTED AGAINST SENATE BILL 1393, WHEN A VERY SIMILAR BILL WAS ON THE FLOOR IN THIS BODY, WHERE IT HAD SENATOR SASLAW AS THE PATRON. I WOULD HOPE THAT THOSE OF YOU WHO DIDN'T LIKE THAT BILL LAST YEAR BECAUSE OF THE PROBLEMS THAT BILL HAD LAST SECRECY, BECAUSE OF THE YEAR, WHEN IT HAD A DEMOCRATIC SPONSOR, WOULD STILL HAVE THOSE SAME CONCERNS ABOUT THIS BILL, EVEN THOUGH THIS BILL HAS GOT THE DELEGATE FROM PRINCE WILLIAM'S NAME ON IT. THERE ARE THREE BILLS THAT ARE WORSE THAN THE BILL THAT WE KILLED IN THIS BODY LAST YEAR. ONE IS THE ISSUE THAT THE GENTLEMAN FROM FAIRFAX, MR. LEMUNYON RAISED, WHO IS PRODUCING THESE DRUGS. WE SPECIFICALLY IN THIS VERSION EXEMPTED THESE PHARMACIES FROM OVERSIGHT BY THE PHARMACY, THE BOARD OF HEALTH. ANY BOARD THAT SUPERVISES THE HEALING ARTS. WE LET YOU GUYS OFF THE HOOK, YOU DON'T HAVE TO BE PART OF THIS PROCESS, WE TAKE YOU COMPLETELY OUT OF THIS I'VE HEARD THE DEFINITION OF PROCESS. PHARMACY IS STILL CONTROLLED, AND WE STILL TALK ABOUT WHAT A DEFINITION OF A PHARMACY IS. IT CAN'T BE JUST JOE COMPOUNDING DRUGS IN HIS BASEMENT. ACTUALLY, THE DEFINITION OF PHARMACY WE ADOPT IN THIS BILL MEANS EVERY ESTABLISHMENT OR INSTITUTION IN WHICH DRUGS, MEDICINES OR MEDICINAL CHEMICALS ARE DISPENSED OR OFFERED FOR SALE OR A SIGN IS DISS PLAYED BEARING THE WORD OR WORDS PHARMACIST, PHARMACY, APOTT CARRY, DRUG -- AMOUNT PETHECARY, DRUGSTORE, PRESCRIPTIONS FILLED, ANY SIMILAR WORDS INTENDED TO INDICATE THE PRACTICE OF PHARMACY IS BEING CONDUCTED, RIGHT, SO THAT'S THE LIST OF FACILITIES AUTHORIZED UNDER THIS STATUTE TO CREATE THE COMPOUNDS THAT WE ARE GOING TO USE TO PUT EXPERIMENTS ON THESE CONDEMNED TO FIND OUT IF THIS IS GOING TO DO THE JOB WELL ENOUGH TO KILL THEM.

Del. Jim LeMunyon (R-Oak Hill): SO, AGAIN, DO WE WANT TO HAVE THAT LEVEL OF SECRECY OR OVERSIGHT. THE LABELING HAS CHANGED SIGNIFICANTLY. LAST YEAR THIS BILL WENT THROUGH THE PROCESS. IT WENT THROUGH THE HOUSE COURTS OF JUSTICE COMMITTEE. THE FOLKS ON THE HOUSE COURTS OF JUSTICE PUT SPECIFIC REQUIREMENTS IN THERE, THEY SAID YOU GOT TO HAVE A LABEL THAT TALKS ABOUT THE ACTIVE INGREDIENTS, THE STRENGTH, THE FACILITY CONTROL NUMBER, APPROPRIATE DATE BEYOND WHICH IT'S NO LONGER GOOD, BASED UPON REGULAR FARM IS A STANDARDS. THE NEW BILL IS WHAT IT IS, HOW MUCH THERE IS, AND GIVES SOME SORT OF EXPIRATION DATE. WE DON'T KNOW WHAT'S IN THAT. WE DON'T KNOW AND WE CAN'T FIND OUT BECAUSE THEY'VE ALSO SAID THAT THE IDENTITY OF ANYBODY INVOLVED IN THIS PROCESS HAS GOT TO BE SECRET AND IT CAN'T BE DISCOVERED EXCEPT FOR GOOD CAUSE SHOWN, BUT WE DON'T KNOW WHAT THAT IS. LAST YEAR WHEN COURTS GOT AHOLD OF THIS YOU GUYS AMENDED IT, YOU DID YOUR JOBS. SOME OF US DIDN'T GO FAR ENOUGH. YOU SET UP A PROCESS BY WHICH THERE WAS GUIDANCE FOR GETTING THIS DONE. THIS IS GOING TO LEAVE IT UP TO SOME COURT DECIDING IN A CIVIL MATTER, IS GOOD CAUSE SHOWN OR NOT, SOMETIMES THEY WILL SAY YES, SOMETIMES NO. WHEN THEY SAY NO, THAT'S ONE WHEN THEY SAY YES, THE NEXT MORE THING TO APPEAL. QUESTION, IS IT GOING TO GO UNDER SEAL OR NOT, WHAT'S GOING TO BE SEALED, HOW MUCH IS GOING TO BE SEALED. MR. SPEAKER, MEMBERS OF THE HOUSE, IF YOU DIDN'T LIKE THIS BILL LAST YEAR, WHEN IT WAS SENATOR SASLAW'S SENATE BILL YOU REALLY SHOULDN'T LIKE THESE AMENDMENTS. THIS IS WORSE THAN WHAT WE SAW BEFORE. IF YOU WANT MORE TIME TO WORK ON IT, WE COULD DO THAT AGAIN AS A NEW BILL IN JANUARY. I'VE THOUGHT ABOUT MAKING A MOTION THAT THIS ISN'T SEVERABLE BECAUSE IT'S NOT IN ITS ORIGINAL FORM BUT I DON'T THINK THAT GETS TO THE POINT. THE POINT IS THIS BILL IS NOT READY FOR PRIME TIME, NOT SOMETHING WE OUGHT TO BE DOING AND I HOPE IT BE THE PLEASURE OF THE BODY TO VOTE NO AND REJECT THE GOVERNOR'S AMENDMENT TO THIS BILL, TAKE IT BACK TO THE ORIGINAL FORM. IF HE WANTS TO VETO IT, SO BE IT.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM FAIRFAX.

Del. Jim LeMunyon (R-Oak Hill): SPEAKING TO THE AMENDMENT?

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN HAS THE FLOOR.

[Unknown]: THE GENTLEMAN PROSECUTE PRINCE WILLIAM WANTED ME TO SHARE INFORMATION THAT I RECEIVED IN THE ATTORNEY GENERAL'S OPINION. SO WHAT'S MY CONCERN, LAST YEAR, AND MY CONTINUED CONCERN THIS YEAR, WAS THAT WOULD A DEFENDANT OR THE DEFENDANT'S ATTORNEY EVER BE ABLE TO FIND OUT WHETHER THE MEDICATION THEY ARE PUTTING IN HIS ARM IS, IN FACT, THE APPROPRIATE MEDICATION, SO IN OTHER WORDS, AM I PUTTING -- ARE THEY PUTTING CYANIDE IN THERE, BORAX IN THERE, YOU HAVE NO IDEA, SO IT WAS VERY IMPORTANT TO ME THAT THE DEFENDANT AND HIS ATTORNEY WOULD KNOW THAT A CERTIFIED COMPOUNDING PHARMACY WAS USED AND THAT THE MEDICATION WAS CORRECT. SO THAT WAS INCLUDED IN THIS MEMO. AND WHAT THE ATTORNEY GENERAL'S MEMO SAYS IS THAT WHILE THE INFORMATION WOULD NOT BE DISCOVERABLE IN THE CASE IN A HABEAS CORPUS PETITION, YOU COULD FIND OUT IF YOU FILED A CIVIL RIGHTS CLAIM. SO THE ATTORNEY GENERAL'S MEMO SAYS THAT FINDING OUT -- SO THE PERSON HAS ALREADY BEEN CONVICTED, OKAY? SO YOU WOULD NOT FILE A MOTION TO ATTACK THE CONVICTION, BECAUSE HE'S ALREADY BEEN CONVICTED. WHAT THE MOTION WOULD SAY IS I THINK MY CIVIL RIGHTS ARE BEING VIOLATED BECAUSE I DON'T KNOW WHETHER THE SUBSTANCE BEING USED IS PROPER AND THAT WOULD BE UNDER 42USC19 # THREE, A VIOLATION OF CIVIL RIGHTS, AND THEN THE ATTORNEY GENERAL'S MEMO SAYS THAT THE COURT WOULD BE ABLE TO PROVIDE THAT INFORMATION TO THE DEFENDANT AND HIS ATTORNEY. NOW, I DON'T PRACTICE IN THE AREA OF LAW, SO I WOULD HAVE TO RELY ON THE EXPERTS OF THE ATTORNEY GENERAL'S OFFICE WHO HAVE BEEN DOING THIS FOR YEARS, AND THEY HAVE ASSURED ME THAT IN THE END, THE DEFENDANT AND THE DEFENSE ATTORNEY WOULD KNOW. THANK YOU. SHALL THE HOUSE AGREE TO THE GOVERNOR'S RECOMMENDATIONS? >>

Del. Bill Howell (R-Fredericksburg): THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 47, NOS 51. AYES 47, NOS 51, THE GOVERNOR'S RECOMMENDATIONS ARE NOT AGREED TO. CONTINUING WITH THE CALENDAR, HOUSE BILL 818, A BILL TO AMEND AND REENACT A SECTION OF THE CODE OF VIRGINIA RELATING TO THE


Sen. Ryan McDougle (R-Mechanicsville): MR. PRESIDENT, THE AMENDMENT ARE TO THE MEMBERSHIP PORTION OF THE NEW VIRGINIA INDIAN ADVISORY COMMISSION AND IT JUST HAS THOSE TERMS COINCIDENT WITH THE TERMS FOR THE OFFICE FOR THE LEGISLATIVE MEMBERS AND NONLEGISLATIVE OR NONEXECUTIVE BRANCH MEMBERS THAT THEY BE TWO YEARS.

[Unknown]: THE QUESTION IS SHALL THE GOVERNOR'S RECOMMENDATION BE AGREED TO? ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? ANY SENATORS DECIDE TO CHANGE THEIR VOTE? AYES 39, NOs 0. THE GOVERNOR'S RECOMMENDATION ARE AGREED TO. HOUSE BILL 815. THE SENATOR FROM ROCKINGHAM. SENATOR OBENSHAIN.

Sen. Mark Obenshain (R-Harrisonburg): THE GOVERNOR'S AMENDMENTS BE AGREED TO. MEMBERS OF SENATE, I HATE TO SLOW THINGS DOWN BUT I SUSPECT ONE OR TWO PEOPLE ARE GOING TO HAVE A WORD OR TWO TO SAY ABOUT THIS. THIS IS THE CAPITOL PUNISHMENT BILL. AND YOU'VE ALL READ AND HEARD WHAT THIS DOES. THIS AMENDMENT SUBSTITUTES LANGUAGE FOR THE ELECTRIC CHAIR PROVISIONS AND DOES WHAT MANY OF US WOULD HAVE LIKED TO HAVE SEEN IN THE FIRST PLACE. AND AS LONG AS WE'RE GOING TO HAVE CAPITOL PUNISHMENT, I BELIEVE STRONGLY WE OUGHT TO CARRY IT OUT IN THE MOST HUMANE METHOD POSSIBLE. IT PERMITS US TO DO THAT. WE COULD NOT DO THAT UNDER THE PREVIOUS LAW. ALLOWS THE STATE LABS IN ORDER TO PROVIDE US WITH THE DRUGS THAT ARE USED TO CARRY OUT CAPITOL PUN HISHMENT. # FEAR THE BOYCOTTS THAT HAVE COME. COMPANIES WILL NOT SELL TO VIRGINIA OR OTHER STATES. AND OTHER STATES HAVE HAD TO TURN TO COMPOUNDING PHARMACIES. THE TACTICS THAT HAVE BEEN UTILIZED TO STOP THESE COMPANIES FROM SELLING ARE VERY EFFECTIVE. AND ONE OF THE PROVISIONS THAT HAS BEEN CONTROVERSIAL IS THE EXEMPT FROM THE FREEDOM OF INFORMATION ACT. THERE'S A REAL NEED FOR THAT. BECAUSE WITHOUT THOSE EXEMPTIONS, WE'RE GOING TO BE BACK IN THE SAME SITUATION IN WHICH THE STATE IS NOT ABLE TO SECURE THE SERVICES OF A COMPOUNDING LAB TO PROVIDE AND PRODUCE THE DRUGS UTILIZED FOR CAPITOL PUNISHMENT. NOW, THERE HAS BEEN SOME QUESTION RAISED AS TO THE CONSTITUTIONALITY/LEGALITY OF THIS PROVISION. PARTICULARLY THE FOYA. AS TO WHETHER IT COMPLIED WITH STATE AND FEDERAL LAW. THE OPINION WAS PROVIDED AND THE OPINION IS IT DOES COMPLY. THERE HAVE BEEN QUESTIONS THAT HAVE BEEN ASKED ABOUT WHETHER OR NOT SOMEBODY ON DEATH ROW WOULD BE ABLE TO ENSURE HIMSELF OR HIS COUNSEL THAT THE COMPOUNDING WAS DONE PROPERLY AND TO MAKE SURE THAT THE DRUGS BEING UTILIZED WERE THE RIGHT DRUGS. AND THE ATTORNEY GENERAL POINTED OUT IN HABEAS CORPUS PETITION, THAT WOULD BE DISCOVERABLE. SO MR. PRESIDENT, I WOULD ASK THE MEMBERS OF THE BODY TO CAREFULLY CONSIDER THIS. CAPITOL PUNISHMENT IS A DIFFICULT ISSUE. NOT MANY OF US WHO SAY WE ACTIVELY SUPPORT CAPITOL PUNISHMENT. I, FOR ONE, BELIEVE IT'S AN IMPORTANT TOOL THAT THE STATE HAS AS LONG AS WE HAVE IT. WE NEED TO BE ABLE TO CARRY IT OUT IN THE MOST HUMANE MEANS POSSIBLE. SO I WOULD HOPE IT WOULD BE THE PLEASURE OF THE BODY TO ADOPT THESE AMENDMENTS.

[Unknown]: THANK YOU, MR. PRESIDENT. SPEAKING TO THE AMENDMENT. LADIES AND GENTLEMEN OF THE SENATE, I KNOW THE HOUR IS LATE. I'M GOING TO TALK FAST AND TRY AND GET THROUGH THIS. THIS IS A BIG IMPORTANT ISSUE. FIRST OF ALL, WITH REGARD TO THE ATTORNEY GENERAL'S OPINION, WE DID REQUEST ATTORNEY GENERAL'S OPINION. WE GOT AN OPINION BACK. AND I KNOW YOU ALL ON THE OTHER SIDE AGREE WITH OUR ATTORNEY GENERAL ALL THE TIME INCLUDING HIS OPINION ON CONCEALED WEAPON PERMIT THAT WE DON'T HAVE TO HONOR FEDERAL DETAINERS. IN-STATE TUITION UNDOCUMENTED WORKERS, TAX RETURNS, LOCAL SCHOOL BOARDS CAN BAN LGBT DISCRIMINATION. A BUNCH OF GREAT ONES. AND I DON'T AGREE WITH THIS ONE. APPARENTLY, OUR ATTORNEY GENERAL DIDN'T BOTHER TO READ OR UNTIL THES THE DEPARTMENT OF DRUG ENFORCEMENT CONFISCATED THESE DRUGS IN FIVE DIFFERENT STATES IN THE LAST THREE YEARS. AND APPARENTLY, HE DIDN'T READ THE LETTERS I HAVE HERE FROM THESE DRUG MANUFACTURERS. IF ANYONE WANTS TO READ THEM, I HAVE ONE RIGHT HERE. SAYING GIVE US OUR DRUGS BACK. YOU ARE NOT AUTHORIZED TO HAVE THEM. ANOTHER ONE FROM MYLAN PHARMACEUTICALS. ANOTHER ONE HERE FROM SAGENT PHARMACEUTICALS. WE UNDERSTAND YOU ARE USING OUR DRUGS. LETTER AFTER LETTER AFTER LETTER FROM GENERAL COUNSEL'S OFFICE SAYING GIVE US OUR DRUGS BACK, YOU CAN'T USE THEM. AND THE ATTORNEY GENERAL IS -- WE'RE SETTING OURSELVES UP FOR A BIG LAWSUIT BECAUSE THESE DRUG COMPANIES DON'T WANT THEIR PRODUCTS BEING USED. AND THE ATTORNEY GENERAL'S OPINION I DON'T THINK IS ACCURATE. IF THE ATTORNEY GENERAL FOUND ANY OF THIS WAS UNCONSTITUTIONAL, I WOULD BE SURPRISED. BASICALLY SAYING VIRGINIA'S BEEN VIOLATING THE LAW. SO THE OPINION WAS NOT A SURPRISE AND I DON'T THINK THE BODY SHOULD GIVE IT A LOT OF WEIGHT WITH WHAT WE'RE PRESENTED WITH HERE TODAY. NOW, I WANT TO REMIND THE BODY. HOW DID WE GET HERE? I WANT TO TAKE YOU BACK TO 2014. 2014, YOU ALL MIGHT REMEMBER THE DEPARTMENT OF CORRECTIONS CAME TO THIS BODY AND THEY SAID -- AND I HAVE A NEWSPAPER ARTICLE. NO EXECUTIONS PENDING. THEY TOLD US THAT. AND DELEGATE MILLER THAT YEAR PUT IN HIS ELECTRIC CHAIR BILL. THE DEPARTMENT OF CORRECTIONS SAID WE DON'T HAVE THE DRUGS. THE BILL GOT OUT OF THIS BODY AND GOT OUT OF THE HOUSE AND CAME OVER HERE AND LOW AND BEHOLD, SOMEBODY SENT A FREEDOM OF INFORMATION ACT TO THE DEPARTMENT OF CORRECTIONS. YOU KNOW WHAT THEY FOUND? THAT THE DEPARTMENT OF CORRECTIONS WAS NOT GIVING US THE FULL STORY. THEY FOUND THE DEPARTMENT OF CORRECTIONS HAD BEEN STOCKPILING MULTIPLE DRUGS FOR EXECUTION BUT THEY DIDN'T BOTHER TO TELL US THAT. NOW, THIS IS WHY THE FREEDOM OF INFORMATION ACT IS SO IMPORTANT. IF WE'RE GOING TO GET FULL INFORMATION, WE NEED TO HAVE A WAY TO GET INFORMATION SO WE KNOW WHAT THE FACTS ARE BEFORE WE VOTE. AND WHAT THIS BILL WILL DO WILL PROTOCOL. SHIELD ONE LITTLE PART OF OUR GOVERNMENT FROM ANY KIND OF TRANSPARENCY. NOT ONLY FROM US BUT FROM OUR TAXPAYERS. I THINK THAT'S ANTIAMERICAN. THIS IS WHY WE HAVE THE FREEDOM OF INFORMATION ACT. WHEN MISTAKES HAPPEN THE MOST, WHEN WE PUT A SHADOW OVER THINGS AND DON'T ALLOW INFORMATION TO BE DISCOVERED, THAT'S WHEN PEOPLE MISS BEHAVE. NOW, WHAT ARE WE TRYING TO HIDE? WHY IS THIS TRANSPARENCY SO IMPORTANT? I WANT TO YOU CONSIDER SOME OF THE THINGS THAT HAVE COME OUT IN THE LAST TWO YEARS. THE STATES THAT HAVE BEEN TRYING TO GET THESE DRUGS, THEY'VE BEEN ACQUIRING THEM FROM ALL KINDS OF PLACES. THEY FOUND ONE GUY OPERATING OUT OF A CLOSET IN NEBRASKA. HE CORNERED THE MARKET. MARKED UP THE PRICE BY 900% ON GOVERNMENTS WASTING TAXPAYER DOLLARS. USING CASH TO BUY DRUGS. ONE GUY WENT OUT AND BOUGHT IT -- DID A DRUG EXCHANGE IN A PARKING LOT TWO DAYS BEFORE AN EX ACCUSATION. CLAYTON LOCKETTE, GOOGLE HIM AND READ ABOUT HOW HIS EXECUTION WENT. A PARAMEDIC PAID $300 TO DO HIS LETHAL INJECTION PROCESS. SHE DIDN'T KNOW WHAT SHE WAS DOING. STUCK HIM WITH A NEEDLE 15 TIMES. AFTER THEY PUT IN THE THIRD DRUG, HE TRIED TO GET UP AND STARTED TALKING TO EVERYBODY. WHEN THEY FINALLY GOT HIM LOCKED BACK DOWN, THEY HAD THE LINE STUCK INTO HIS GROIN AND THERE WAS A TENNIS BALL SIZE WELT UNDER HIS LEG FULL OF DRUGS BECAUSE SHE HADN'T PUT THE LINE IN CORRECTLY. THEY CALLED THE GOVERNOR ABOUT WHAT WAS GOING ON. DECIDED TO STOP THE EXECUTION. HE DIED TEN MINUTES LATER AFTER THE DRUGS FINALLY MADE IT INTO HIS BLOOD. WITHOUT SUNSHINE, WE DON'T FIND THESE THINGS OUT. WE DON'T FIND OUT WHAT HAPPENED. YOU CAN'T EVEN FIGURE OUT WHY IT WENT WRONG OR ANYTHING ABOUT IT. THESE ARE THE KINDS OF THINGS WE'RE TRYING TO HIDE. THESE LETTERS, THAT'S WHAT THEY WANT TO HIDE. FOLKS, HOW MANY EDITORIALS HAVE YOU READ SAYING THIS IS A GOOD IDEA? IF THERE'S A SINGLE ONE, WE'VE HAD 6 EDITORIALS NOW. ABOUT FIVE OR SIX MORE. THERE HASN'T BEEN A SINGLE PUBLIC CALL FROM ANYONE FOR US TO VOTE FOR THIS BILL. NOT A SINGLE ONE. ONLY EVERY SINGLE NEWSPAPER, ALMOST EVERY NEWSPAPER IN THE STATE SAYING VOTE NO. I WANT TO TELL YOU ONE MORE THING. THERE'S A MYTH. I'VE HEARD THIS MYTH BEING CIRCULATED THIS WILL END THE DEATH PENALTY IN VIRGINIA. NOW, I WOULD ASK THE BODY IF THIS IS GOING TO END THE DEATH PENALTY, HOW IS IT 28 PEOPLE GOT EXECUTED LAST YEAR BY LETHAL INJECTION? HOW IS IT THAT 12 SO FAR THIS YEAR HAVE BEEN EXECUTED. IF THE DEATH PENALTY IS SO HARD TO FIND THESE DRUGS, WHY IS IT THAT STATES HAVE BEEN ABLE TO EXECUTE 40 PEOPLE WITH DRUG INSIDE THE LAST 16 MONTHS. WE EITHER HAVE A DEPARTMENT OF CORRECTIONS THAT DOESN'T KNOW HOW TO FIND THESE DRUGS OR SOMEBODY'S NOT BEING HONEST WITH US. THERE ARE WAYS TO DO THIS IF YOU WANT TO. MOST OF THE OTHER STATES HAVE CHANGED THE PROTOCOLS. ONE OF THE THINGS HE SAYS IS WE CAN CHANGE OUR PROTOCOL IF WE'D LIKE TO. THERE'S WAYS TO DEAL WITH THIS. MY DAD'S A LAWYER AND I PRACTICED WITH HIM FOR 20 YEARS. THERE'S TWO KINDS OF LAWYERS. ONES THAT WILL TELL YOU EVERY SINGLE PROBLEM. AND ANOTHER LAWYER WHO WILL TELL YOU HOW TO SOLVE IT. THE DEPARTMENT OF CORRECTIONS WOULD PUT THEIR MIND TO IT AND NOT BE WORRIED ABOUT ALL THIS OVERSIGHT GOD FORBID THE PEOPLE GIVE THEM, THEY CAN FIGURE OUT A WAY TO DO THIS. AND THE LAST THING I WANT TO SAY, MR. PRESIDENT, IS I THINK THIS GOES RIGHT TO THE HEART OF OUR GOVERNMENT. 239 YEARS AGO AND 10 MONTHS AGO, ADOPTED THE VIRGINIA RIGHTS. 240TH ANNIVERSARY OF IT COMING UP IN A FEW MONTHS. AND WHY WAS THAT ADOPTED? I REMEMBER AT THE TIME WE HAD TROOPS IN OUR HOMES. THEY WERE DOING ALL KINDS OF CRAZY PUNISHMENTS ON PEOPLE. PEOPLE DIDN'T HAVE RIGHTS AND TRIAL. PEOPLE DIDN'T HAVE RIGHTS TO FREEDOM OF SPEECH. WE ADOPTED THOSE RIGHTS. WE'VE COME A LONG WAY SO PEOPLE HAVE A RIGHT. PEOPLE HAVE A RIGHT TO SEE WHAT THE GOVERNMENT IS DOG. PEOPLE HAVE A RIGHT TO INFORMATION. SO A LEGISLATURE CAN PROVIDE PROPER OVERSIGHT. ALL BECAUSE WE HAVE THAT DECLARATION OF RIGHTS. WHY DO WE HAVE THAT? WE CLOTHE OUR GOVERNMENT WITH EXTRAORDINARY AMOUNT OF POWER. ONLY THE GOVERNMENT CAN TAKE YOUR PROPERTY. ONLY THE GOVERNMENT CAN TAKE YOUR LIBERTY AND LIFE. AND WITH THAT AWESOME AMOUNT OF POWER WITH THAT AWESOME AMOUNT OF RESPONSIBILITY COMES OVERSIGHT. COMES TRANSPARENCY. THE PUBLIC KNOWING WHAT YOU ARE DOING. AND THE ONLY REASON WE WANT TO DO THIS IS DOING SOMETHING THAT MAKES US UNCOMFORTABLE. SHIELD CORPORATIONS FROM DOING THINGS THAT MAKE PEOPLE UNCOMFORTABLE. WHY WOULD WE SHIELD THEM FROM THAT? I WILL QUOTE JUSTICE SCALIA. WHAT DID HE SAY ABOUT USING THE LAW TO SHIELD PEOPLE FROM CRITICISM? HE SAID THERE ARE LAWS AGAINST THREATS AND INTIMIDATION. BUT HARSH CRITICISM IS A PRICE PEOPLE HAVE AND WILLING TO PAY FOR SELF GOVERNANCE. FREE SPEECH SOLVES THESE WE HAVE A PUBLIC DEBATE. PROBLEMS. GET THE INFORMATION OUT THERE AND LET THE PUBLIC GO BACK AND FORTH. THAT'S HOW THESE PROBLEMS GOT SOLVED. WE DON'T CLOSE OUR EYES AND PUT SECRECY OVER EVERYTHING IN ORDER TO KEEP DOING -- TO KEEP DOING SOMETHING WHICH MAKES US UNCOMFORTABLE. WE NEED TO VOTE THIS DOWN. EXECUTIONS WILL GO ON IN VIRGINIA. WE CAN DEAL WITH IT NEXT YEAR. THERE'S NO URGENCY. WE NEED TO VOTE THIS DOWN. THANK YOU. [ NO AUDIO ]. >> THE SENIOR SENATOR FROM FAIRFAX, SENATOR SASLAW.

Sen. Dick Saslaw (D-Springfield): MR. PRESIDENT, MEMBERS OF THE SENATE SPEAKING FOR THE GOVERNOR'S AMENDMENT. THAT'S FOR THE GOVERNOR'S AMENDMENTS. ATTORNEY GENERAL WAS ASKED WHETHER THIS VIOLATED ANYTHING WITH RESPECT TO THE FOOD AND DRUG ACT OR THE CONTROLLED SUBSTANCE ACT AND, IN FACT, IT DOES NOT. AS FAR AS THESE, SO-CALLED, BETTERS ABOUT DON'T USE OUR DRUGS. -- LETTERS ABOUT DON'T USE OUR DRUGS, THEY DIDN'T HAVE TO SELL THEM TO US. OTHER STATES HAVE PASSED OTHER LAWS BECAUSE THE COMPANIES DON'T WANT TO FACE RETRIBUTION FROM THE PUBLIC. THERE ISN'T A PERSON IN HERE THAT CAN TELL ME THE NAME OF THE COMPANY THAT MANUFACTURERS THERMONUCLEAR WAR HEADS. GUESS WHAT? THERE'S A REASON FOR THAT. AND JUST BECAUSE THEY ARE SECRECY DOESN'T MEAN IT'S BAD. ONE OTHER THING. SO THE GUY SUFFERS FOR TWO OR THREE MINUTES. I GOT TO TELL YOU SOMETHING, WHEN YOU KILL 7 PEOPLE. WHEN YOU SHOT A COP THREE TIMES IN THE BACK OF THE HEAD. WHEN YOU HIRED SOMEBODY TO SLIT YOUR GIRLFRIEND'S THROAT IN FRONT OF HER CHILDREN, I REALLY COULD CARELESS HOW DAMN LONG YOU SUFFERED. I GOT NEWS FOR YOU, I'M NOT LOSING ANY SLEEP OVER SOMEBODY WHO DID ALL THAT AND THEY MIGHT SUFFER A MINUTE OR TWO. THAT'S JUST TOO DARN BAD. AND THEY SHOULD HAVE THOUGHT ABOUT THAT WHEN THEY DID THOSE HORRIBLE ACTS. WE GOT 7 OR 8 PEOPLE ON DEATH ROW NOW AND THEY HAD TO WORK -- THEY REALLY HAD TO EARN THEIR RIGHT TO GET THERE AND THEY DID. AND THEY ARE FACING THEIR JUSTICE EARTHS. IF YOU ARE OPPOSED TO CAPITOL PUNISHMENT, FINE. I DON'T HAVE A PROBLEM WITH THAT. DON'T HIDE BEHIND THE SECRECY BIT. YOU KNOW, IF COLLECTIVELY SOCIETY, FOR INSTANCE, IF WE HAD A PROVISION THAT WE WOULD EXECUTE PEOPLE IN THE MANNER THAT THEY DID THEIR KILLINGS, LET'S JUST SUPPOSE FOR THE SAKE OF DISCUSSION THAT WE WERE GOING TO TAKE TIMOTHY MCVAY AND PUT HIM OUT IN THE FIELD AND DYNAMITE HIM. DO YOU HONESTLY THINK ANY CONSTITUENTS WOULD CARE WHERE WE BOUGHT THE DYNAMITE? GIVE ME A BREAK. THE FACT IS THEY WOULDN'T. THERE'S NOTHING WRONG WITH THESE AMENDMENTS. IT GIVES US AN OPPORTUNITY. WE HAVE CAPITOL PUNISHMENT ON THE BOOKS. WE GOT PROVISIONS FOR USING IT. WE OUGHT TO HAVE THE MEANS TO CARRY IT OUT. THANK YOU.

[Unknown]: THE SENATOR FROM ROCKINGHAM, SENATOR OBENSHAIN.

Sen. Mark Obenshain (R-Harrisonburg): I HARDLY KNOW WHAT TO SAY. MR. PRESIDENT, VERY BRIEFLY ON A COUPLE VERY TECHNICAL POINTS. NUMBER ONE, THE QUOTE, UNVOTE, VEIL OF SECRECY. THE SENATOR FROM SOUTHERN FAIRFAX TALKED ABOUT A VEIL OF SECRECY COMING DOWN OVER WHAT IT IS THAT WE'RE DOING. MR. PRESIDENT, COULDN'T BE ANY FURTHER FROM THE TRUTH. WHEN YOU LOOK AT THIS AMENDMENT, THE FREEDOM OF INFORMATION EXEMPTION PROVIDED IN HERE IS LIMITED. IT'S LIMITED TO THE IDENTITY OF ANY PHARMACY OR OUT SOURCING FACILITY AND THEIR EMPLOYEES. THAT'S IT. THAT'S IT. NOT TO PROCESS, NOT THE MANNER IN WHICH IT'S CARRIED OUT. IT'S TO SOLELY PREVENT THAT KIND OF INTIMIDATION OF PRIVATE PARTIES THAT WE KNOW TAKES PLACE. I'M PRETTY CYNICAL GUY I'VE BEEN TOLD. WHEN I TALKED TO MEMBERS OF THE ADMINISTRATION, TO THE SECRETARY OF PUBLIC SAFETY.

Comments

ACLU-VA Criminal Justice, tracking this bill in Photosynthesis, notes:

The ACLU of Virginia opposes this bill. Virginia is one of only eight states that still has an electric chair available for executions, if a prisoner chooses it. Of those eight states, only Tennessee allows the state to use the electric chair when lethal injection drugs are unavailable. According to a report by the American Bar Association, there are many ways that Virginia could improve the application of the death penalty, such as the elimination of restrictive discovery rules, increased funding for capital defense attorneys, and clearer standards for prosecutors on when to seek the death penalty. This legislation makes no attempt to improve any of those things. Electrocution is inhumane. The ACLU of Virginia opposes legislation that would allow the Virginia Department of Corrections to use the electric chair if lethal injection drugs are unavailable.