Senate Judiciary Committee Advances Bills On Death Penalty, DEI

Members of the West Virginia Senate Judiciary Committee have moved two pieces of legislation approaching controversial topics — the death penalty and a repeal of diversity, equity and inclusion programs — one step closer to becoming law.

Senate Bill 264 would reinstate the death penalty in West Virginia, but only for the intentional killing of law enforcement officers and emergency responders.

Sen. Joey Garcia, D-Marion, said he believed the bill went against the moral character of the state.

“I also have the fear this could just be the beginning. That this bill could broadly expand and, at some point, touch the life of somebody… who is innocent,” he said.

Garcia ended his comments by referencing Frank Zain, a forensic laboratory technician in West Virginia who falsified forensic results to obtain convictions in the 1970s and 80s. The bill contains provisions for post-conviction DNA testing and potential rehearing and retrial.

The committee voted to advance the bill, but it has a $25 million fiscal note for the creation of a death row facility based on language in the original bill.

The committee also advanced Senate Bill 474, which would eliminate diversity, equity and inclusion programs and offices from the state’s executive branch, as well as every level of education.

The bill is one of the roughly 40 bills introduced on behalf of Gov. Patrick Morrisey by Senate President Randy Smith.

During the committee meeting, Sen. Ryan Weld, R-Brooke, posed questions about the bill’s impact on the Herbert Henderson Office of Minority Affairs, which is established in the West Virginia Code. Initial discussion indicated the bill could lead to the dissolution of the office before the governor’s general counsel, Sean Whelan provided clarity.

“The controlling language under the prohibition is that ‘no department, division, agency or board of the state,’” Whelan said. “I think that’s what I would rely upon there, because the governor’s office is an office.”

An amendment was also approved to remove references to anti-racism from the bill’s language.

Both bills are slated to advance to the Finance committee.