Death penalty foes ready for fight as expansion looms in Va.

Death penalty foes are readying a broad lobbying push to prevent an expansion of capital punishment in Virginia next year, while proponents of scrapping the “triggerman” rule say the lack of a veto threat makes their goal likely to become law.

Virginia, with a few exceptions, limits the death penalty in capital murder cases to the killer — or triggerman.

Bills to abolish that restriction have passed the General Assembly for three straight years and have been vetoed by Gov. Tim Kaine, who personally opposes capital punishment. But Kaine’s incoming successor, Bob McDonnell, has said he plans to sign the triggerman repeal into law if it reaches his desk.

“I’m confident that the bill is going to get through this year,” said Sen. Mark Obenshain, R-Harrisonburg, who has filed the first bill this year to abolish the rule. Obenshain cited the bipartisan support the measure has garnered in past sessions, along with a like-minded governor-elect.

Death penalty opponents, while acknowledging the added challenge of having their last line of defense about to leave office, nevertheless hope to convince lawmakers to keep the limitations in place.

“Expanding an already broken system isn’t a good public policy move,” said Beth Panilaitis, executive director of Virginians for Alternatives to the Death Penalty.

She said she hopes the General Assembly, facing an expanding, multibillion-dollar budget shortfall, will realize “that it’s irresponsible to expand the death penalty and take away funding from critical programs.”

Kent Willis, executive director of the Virginia chapter of the American Civil Liberties Union, said one hope — though distant — lies in finding members of the Democrat-led Senate who may be unwilling to vote for the repeal now that it has a legitimate chance of becoming law.

“It’s going to be very difficult,” Willis said. “We’re hoping that the knowledge that McDonnell will certainly sign the bill may cause a few senators to rethink their stance, and that we can prevent it from passing.

“But admittedly, that’s going to be a very difficult task.”

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