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Publications
New Aggravators Added to Death Penalty Statutes
Neither the bill we had hoped for (a moratorium
bill) nor the bill we had feared (a "super-majority" bill)
materialized this
legislative session. What did
pass were two bills adding new aggravating factors
in death penalty cases:
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HB 1297 "Concerning
Death Penalty Aggravating Factors" - adds
as an aggravator the use of "a chemical,
biological, or radiological weapon" or "the
defendant intentionally killed more than one
person in more than one
criminal episode." Takes effect immediately
and applies to offenses committed on or after
the effective date.
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HB 1138 "Concerning Offenses
Against Pregnant Women that Affect Their Unborn
Children" -
adds as an aggravating factor that "the
victim was a pregnant woman, and the defendant
intentionally killed the victim, knowing she
was pregnant." Takes effect July 1 and
applies to offenses committed on or after
that date.
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