Gov. Brown backs special session on death penalty law

(Update: Adding more details)

SALEM, Ore. (AP) — Oregon Gov. Kate Brown said Wednesday she wants to call a special session of the Legislature because of questions raised whether a new law which narrows death penalty cases is retroactive.

With the new law taking effect next month, Attorney General Ellen Rosenblum also said she supports a special legislative session “to make sure our courts, prosecutors, defenders, victims and others have the clarity and guidance they need in connection with our most serious criminal cases.”

“We must make sure we get this law right,” Rosenblum said.

The bill narrows the state’s use of the death penalty by substantially limiting the crimes that qualify.

After Brown signed the bill on Aug. 1, lawyers for Martin Allen Johnson, who authorities say raped and murdered a 15-year-old girl in 1998 before throwing her body off a bridge, raised the issue of whether the new law applies to him.

A judge determined the crime no longer qualifies as aggravated murder under the new law. Other cases could be affected.

The new state law that takes effect Sept. 29 narrows the definition of aggravated murder, the only crime eligible for a death sentence. The law states that aggravated murder is limited to killing two or more people as an act of organized terrorism; killing a child younger than 14 intentionally and with premeditation; killing another person while locked incarcerated for a previous murder; or killing a police, correctional or probation officer.

House Republican Leader Carl Wilson said repealing the bill might be the best course in a special session, allowing ample time before the 2020 regular session to analyze the issue.

“The last thing we should do in this situation is quickly rush something through a compressed process,” Wilson said. “We do not want to compound the existing mistake by rushing a ‘fix’ through a daylong session in a hastily assembled committee.”

Brown, a Democrat, told reporters in a conference call that she expects Sen. Floyd Prozanski, a Democrat from the university town of Eugene who helped get the bill passed, to work with others to craft language to address the law’s retroactivity. Then she would call a special session, expected to last less than a day in September.

Prozanski said Wednesday it is imperative to move forward with a special session to provide a fix to the bill. It should clarify that it “only applies to offenses committed on or after the effective date,” Prozanski said. He is recommending a special session occur when the Legislature is already scheduled, from Sept. 16-18.

Wilson, who voted against the bill that passed in the House by a 33-26 vote, said Wednesday he prefers that any changes to the death penalty be referred to voters via a ballot measure.

Brown has extended a 2011 moratorium on the death penalty. The last execution in the state took place in 1997. The death penalty remains legal in 29 states, but only a handful regularly conduct executions.

Nationwide, 1,500 people have been executed since 1976.

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Gov. Brown’s statement:

“Based on the clarification by the Oregon Department of Justice, it is clear there is a misunderstanding about the intent of the words in Senate Bill 1013. Given the seriousness of the issues that we’re dealing with and the impact on victims and their families, I think it’s critically important that there be clarity about the law.

“I will support a statutory fix to address the misunderstanding regarding the bill’s retroactivity. I’ve spoken to Senator Prozanski and I’m willing to support a special session. I expect legislators to work with stakeholders and legislators across the aisle and around the state to craft the language and get the votes. Should that be accomplished, I will call a special session before the end of September, and the session needs to be focused on this narrow issue.”

Oregon Attorney General Ellen Rosenblum said she supports the governor’s move, issuing this statement on Senate Bill 1013:

“I am very pleased the Governor supports a special legislative session to address the issues associated with SB 1013, which takes effect on September 29th. We must make sure we get this law right. As the Oregon Attorney General, my chief responsibility is to implement and defend the laws of Oregon, as they are written and adopted. I look forward to working with the legislature during a special session to make sure our courts, prosecutors, defenders, victims and others have the clarity and guidance they need in connection with our most serious criminal cases.”

Rep. Carl Wilson’s statement:

“The last thing we should do in this situation is quickly rush something through a compressed process. We do not want to compound the existing mistake by rushing a ‘fix’ through a day-long session in a hastily assembled committee. It is troubling that we are in this position because of inaccurate information provided to legislators when this bill (SB 1013) was passed. Whether they supported or opposed the bill, all legislators were told by the advocates for the bill that this legislation would not be retroactive. That was during a five and a half-month session, with plenty of time for all stakeholders to weigh in.

“At this juncture, perhaps the best course of action in a brief Special Session would be to simply repeal the bill. Victims, their families, law enforcement and the courts deserve clarity and closure on this matter. That would also allow ample time before the 2020 Regular Session to analyze what, if anything, might otherwise be done on new legislation regarding the death penalty. Since the people enacted the death penalty in 1984 via Measures 6 and 7, I would encourage any changes to the death penalty be referred to the people for their wisdom on this critical matter via ballot measure.”

Sen. Floyd Prozanski (D-Eugene) released the following statement:

“As the Governor stated, it is imperative that we move forward with a special session to provide a narrow fix that will clarify the intent of SB 1013 to not be retroactive in any way. I am working with stakeholders to ensure that SB 1013 only applies to offenses committed on or after the effective date of September 29, 2019. Due to the potential unintended consequences of not fixing the bill before its effective date, I’m supporting the Governor in calling for a special session before September 29. Since the Legislature is already scheduled to hold Legislative Days from September 16 through 18, I’ll be recommending that the special session occurs during that time.”

We also have this statement from the Oregon District Attorneys Association:

“ODAA supports the special session to fix the problems with Oregon’s Aggravated Murder law caused by Senate Bill 1013. While we continue to believe this change to Oregon’s death penalty laws should have been referred back to the voters, we support fixing Senate Bill 1013 by clarifying that it is not retroactive and will only apply to new crimes going forward. We appreciate Governor Brown’s collaboration on addressing this problem and look forward to working toward a solution that protects crime victims and communities throughout Oregon.”