Dramatic change in the state’s national ranking as the Death Penalty Champion is unlikely, but a bit of tinkering is always in order. Austin GOP Rep. Terry Keel’s HB 11 would add “terroristic threat” to the list of circumstances that turn plain murder into capital murder. Multiple murders are already capital offenses, so the pragmatic effect of the Keel bill would be limited: If some future Texan Timothy McVeigh bungles his appointed task and kills only one person, we’ll still be able to whack him. Aside from stoking public paranoia, Lege watchers consider this bill symbolic at best. As predicts one Capitol source, legislators will troop to the microphone to proclaim bravely, “‘You can say I’m wrong, but I’m against Osama bin Laden killing my fellow Texans,'” without audible opposition.
Death penalty moratorium bills made some headway last session, and Austin Democratic Rep. Elliott Naishtat is likely to re-file his, which would not require but enable the governor to declare a moratorium. Lon Burnam is reintroducing the more narrow HB 127, which would raise the age of eligibility for execution to 18. A similar bill made it to the governor’s desk in 2001, only to be vetoed (along with 81 others). Burnam says he’s fairly optimistic about HB 127, since the U.S. Supreme Court is expected to rule this year on the constitutionality of executing minors. The practice is already condemned and virtually unheard of around the world, even in execution-happy China. “Not that this has stopped us before,” Burnam said.
This article appears in December 13 • 2002.