Capital Punishment, 2019 – Statistical Tables | June 2021 6
Status of the death penalty in 2019
As of December 31, 2019, a total of 32 states and the
federal government authorized the death penalty
(tables 1, 2, and 3). While the Washington Supreme
Court declared the state death penalty statute
unconstitutional, as applied, on October 11, 2018 (State
v. Gregory, 192 Wash. 2d 1, 427 P.3d 621 (2018)), the
Washington state legislature has neither revised nor
repealed the statute. During 2019, one state repealed
its death penalty statute, one had its statute ruled
unconstitutional by the state’s highest court, and ve
revised statutes related to the death penalty.
In 2019, the New Hampshire legislature repealed
the death penalty (HB 455), eective May 30, 2019.
Because the repeal was prospective, it did not aect
the previously imposed death sentence of one
male prisoner.
e New Mexico Supreme Court invalidated the state’s
death penalty statute on June 28, 2019. e court found
in Fry v. Lopez (2019-NMSC-013, 447 P.3d 1086) that,
by allowing the death penalty for murders committed
prior to the enactment date but not for similar murders
committed aer the enactment date, imposition of
a death sentence conicted with the proportionality
provision of the same statute. e ruling eectively
removed the state’s two remaining prisoners from
under sentence of death.
During 2019, Alabama revised statutory provisions
relating to its death penalty. e legislature added
murder of any rst responder operating in an ocial
capacity (Ala. Code § 13A-5-40(a)(21)) to the list of
oenses eligible for the death penalty. It also added
two aggravating circumstances: the victim was a law
enforcement or correctional ocer murdered while on
duty or for reasons related to their job; and the victim
was a rst responder who was operating in an ocial
capacity (Ala. Code § 13A-5-49 (13), (14)). ese
changes became eective October 1, 2019.
Arizona amended the list of aggravating circumstances
required to make a murder eligible for the death
penalty (A.R.S. § 13-751(F)). e state’s legislature
removed elements from the statute: that the defendant
knowingly created a grave risk of death to persons
other than the murder victim (A.R.S. § 13-751(F)(3));
committed the oense in a cold, calculated manner
without pretense of moral or legal justication
(A.R.S. §13-751(F)(13)); or used a stun gun
(A.R.S. § 13-751(F)(14)). e changes resulted in a total
of 10 possible aggravating circumstances and became
eective on August 27, 2019.
Arkansas revised its code of criminal procedure to
prohibit disclosure of information or documents related
to the execution process and participants (Ark. Code
Ann. § 5-4-617), eective July 24, 2019.
e Oregon legislature revised several elements of the
statute related to the state’s death penalty (SB 1013
(2019)), which became eective September 29, 2019.
Oregon revised the denition of aggravated murder.
e changes allow for the death penalty in only the
following circumstances: murder of two or more
persons for the purpose of inuencing the public
or government through intimidation or coercion;
murder committed by an inmate or someone with a
prior conviction for aggravated murder; premeditated
murder of a child age 13 or younger; and murder of
police, correctional, probation, or parole ocers when
the murder was related to their ocial duties. e
changes also added a new oense: rst-degree murder,
which encompasses elements previously classied as
aggravated murder, which is punishable by life without
the possibility of parole.
Tennessee revised two statutory provisions related
to the death penalty. e specied aggravating
circumstances were amended to include knowingly
selling or distributing fentanyl or other opiates with
the intent to commit murder (Tenn. Code Ann.
§ 39-13-204(i)(18)). e state also revised the code of
criminal procedure to provide that when a judgment
has become nal in trial court, the conviction and the
sentence of death will be automatically reviewed by
the Tennessee Supreme Court instead of requiring the
defendant to le a direct appeal from the trial court
to the state’s Court of Criminal Appeals (Tenn. Code
Ann. § 39-13-206(a)-(c)). e changes became eective
July1, 2019.