Aiming to increase the rights of Virginia death row inmates, the House of Delegates passed two bills Tuesday which soon will move to the Senate for legislative approval.
The first bill, co-sponsored by Del. Mitch Van Yarhes (D-Charlottesville), would give death row inmates a longer period of time to file an appeal of their sentence.
Under current law, an inmate only has 21 days, one of the shortest periods in the country. If the bill passes, that time will increase to three years.
"We were lucky to get this through," Van Yarhes said of the 73-25 vote. "I was rather surprised, in fact."
Although many politicians in the Republican-dominated legislature originally were opposed to the bill, amendments made it more palatable.
Under the bill, Inmates still could file only two appeals. They must file no later than 60 days before their scheduled execution, and appeals could be based only on evidence of innocence and not issues of fairness or procedure.
"It strikes a fair balance," said Bill Janis, spokesman for Del. Paul Harris (R-Albemarle). Harris voted for the bill even after previously campaigning against it.
Janis said Harris' vote does not mean he is against the death penalty.
"Whether you support the death penalty or oppose it, no one wants to see an innocent person executed," he said.
He added that Harris maintains his vote does not reflect any concerns about the fairness of the Virginia justice system.
Janis said Harris emphasizes that there have not been any recorded cases of inmates being removed from death row after being found innocent.
There are more cases of guilty prisoners going free than innocent prisoners being unjustly punished, he said.
The bill, which is co-sponsored by state Sen. Emily Couric (D-Charlottesville) now faces approval from the Virginia Senate.
Although Couric Spokeswoman Mary Brose would not speculate on whether the bill will face opposition in the Senate, she said supporters of the bill were "pleased and surprised" by the House vote.
In the wake of the Charlottesville City Council's recent motion for a moratorium on the death penalty, Mayor Virginia Daugherty said she sees the bill as a step in the right direction.
Daugherty said she thinks the anti-death penalty campaign has "a lot of momentum."
The same day the 21-day bill passed, the Assembly also passed a bill that would allow felons to petition circuit court judges for voting rights. Currently they are restricted to petitioning the governor.
Although Attorney General Mark L. Earley (R) has raised issues regarding the constitutionality of this bill, neither Harris' office nor Van Yahres said they were aware of such problems.
Earley's office could not be reached for comment.
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