Oklahoma could halt executions as death penalty moratorium bill advances

Oklahoma would halt executions and state courts would be prevented from imposing new death penalty sentences for two years under a measure working its way this week through the House of Representatives.

House Bill 3138 by state Rep. Kevin McDugle, R-Broken Arrow, would set a five-year moratorium on the death penalty. The bill would halt executions currently scheduled and prevent state courts from imposing new death penalty sentences. The measure also suspends all state statutes addressing the death penalty.

The bill passed the House Criminal Justice and Corrections Committee on Wednesday with a 4-0 vote. However, both the title and enacting clause were removed — a procedural move that is often used to keep controversial legislation alive.

Committee Chairman Justin Humphrey, R-Lane, along with Reps. Danny Williams, R-Seminole, John Kane, R-Bartlesville and Jared Deck, D-Norman, voted in favor of the measure. The committee's two other members, Rep. Kevin West, R-Moore, and David Hardin, R-Stilwell, were absent.

More: Oklahoma state prisons plagued by violence, one of the highest homicide rates in the nation

Bill needed, lawmaker said, because system 'can't be trusted'

McDugle said the measure was necessary because the state's death penalty system was broken.

"My problem in our state right now is you cannot trust the system," he said. "Because they are not willing to stand up and admit mistakes. They want us all to believe that everyone who has gone through the system has had a fair and just trial."

Though language in the bill sets a five-year moratorium on the death penalty, Williams said he would seek to amend the bill to decrease the moratorium to two years. Williams said he appreciated McDugle's passion for improving the death penalty system but seemed concerned that a five-year moratorium was too long.

"We're talking about delaying until we have some action and activity according to your bill," he said. "I think I could support a two-year moratorium."

Committee members agreed to pass the measure and work together to amend the legislation once it goes to the full House of Representatives.

McDugle said he authored the bill in part because none of the recommendations made by the Oklahoma Death Penalty Review Commission had been implemented.

That group, chaired by former Gov. Brad Henry, attorney Andrew Lester and Court of Criminal Appeals Judge Rita Strubhar, released a 294-page report in 2017. The report recommended 45 changes to the state's death penalty system and called for a continued moratorium on executions until changes were made.

"In light of the extensive information gathered from this year-long, in-depth study, the commission members unanimously recommend that the current moratorium on the death penalty be extended," the report said.

According to the report many of the findings from the commission's year-long investigation "were disturbing and led Commission members to question whether the death penalty can be administered in a way that ensures no innocent person is put to death."

"(The) commission members agreed that, at a minimum, those who are sentenced to death should receive this sentence only after a fair and impartial process that ensures they deserve the ultimate penalty of death," the report said.

Humphrey said once Oklahomans discover the problems with the system they would support major changes to the death penalty system.

"Just the fact that we open an investigation, you hide and watch, things will get cleared up pretty quick, but we have to have people who have the fortitude, the backbone and the willingness to say 'these people are wrong' and what they are doing is absolutely even to the level of criminal."

Humphrey said the state continues to have problems with the death penalty.

"Here in Oklahoma, we are seeing lots of problems and it's time that we start opening discussions on these issues as we have today. It's necessary, this is a conversation we should have," he said.

The vote drew praise from Adam Luck, former chairman of the state's Pardon and Parole Board.

"We agree with Rep. Kevin McDugle that the time has come for Oklahomans to grapple with the injustices we are witnessing with our state’s death penalty," Luck said in a media statement Wednesday morning.

Luck, who is now serving as an adviser to Conservatives Concerned About the Death Penalty, said "executing even one innocent person would be unconscionable, and the case of Richard Glossip alone should cause lawmakers to halt the process."

House Bill 3138 is now eligible to be heard by the full House of Representatives.

This article originally appeared on Oklahoman: Oklahoma death penalty could pause as 5-year moratorium bill advances