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| Virginia Senate OKs Execution Ban |
| By Associated Press |
| Published: 02/13/2002 |
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The Virginia Senate has approved a ban on executions of retarded inmates, but further action is stalled pending a U.S. Supreme Court ruling on a case involving a man currently on death row. The measure passed without debate on a vote of 40-0. Eighteen states already have such a prohibition, said James F. Almand, sponsor of the House version of the legislation. However, a House of Delegates committee has postponed action until after the U.S. Supreme Court decides, in the case of Daryl Atkins, whether it is constitutional to execute mentally retarded killers. Atkins was 18 when he was accused of murdering an airman based at Langley Air Force Base to get money for beer. His lawyers say Atkins has an IQ of 59; people who test 70 or below are generally considered mentally retarded. The Supreme Court will hear Atkins' appeal Feb. 20, but the justices are unlikely to render a decision while the General Assembly is still in session. Almand noted that the measure would not take effect until July 2003, which would allow the legislature time to make any adjustments required by the Supreme Court ruling. In the meantime, he said, it is important for the state to establish a policy against executing the mentally retarded. |
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