1. Virginia State Crime Commission Capital Murder: Firefighters & Emergency Rescue Personnel September 9, 2008

2. Overview SB 384 SB 384 VA Capital Murder Statute VA Capital Murder Statute 50 State Survey 50 State Survey Statistics Statistics Discussion Discussion

3. SB 384 SB 384 of the 2008 Virginia General Assembly proposed to amend Virginia’s capital murder statute ( SB 384 of the 2008 Virginia General Assembly proposed to amend Virginia’s capital murder statute (§ 18.2-31) to include: – –16. The willful, deliberate, and premeditated killing of a fire marshal appointed pursuant to § 27-30, a firefighter as defined in § 65.2-102, a volunteer firefighter, or a volunteer firefighter or lifesaving or rescue squad member who is a member of a bona fide volunteer fire department or volunteer rescue or emergency medical squad regardless of whether a resolution has been adopted by the governing body of a political subdivision recognizing such firefighters or members as employees, engaged in the performance of his public duties, when such killing is for the purpose of interfering with the performance of his official duties.27-3065.2-102

4. VA’s Capital Murder Statute General History Va. Code § 18.2-31 (1975) 1. The willful, deliberate, and premeditated killing of any person in the commission of abduction, as defined in § 18.2-48, when such abduction was committed with the intent to extort money or a pecuniary benefit;18.2-48 2. The willful, deliberate, and premeditated killing of any person by another for hire; 3. The willful, deliberate, and premeditated killing by an inmate in a penal institution as defined in § 53-19.18 or in the custody of an employee thereof.

5. VA’s Capital Murder Statute General History Since, 1976 the capital murder statute (§ 18.2-31) has been expanded gradually. It now includes 15 subsections, each specifying a separate offense eligible for the death penalty. Since, 1976 the capital murder statute (§ 18.2-31) has been expanded gradually. It now includes 15 subsections, each specifying a separate offense eligible for the death penalty.

6. VA’s Capital Murder Statute General History 1976 – –New subsection: Murder while in the commission of robbery while armed with a deadly weapon. – –(the requirement of a deadly weapon was repealed in 1996). – –New subsection: Murder in the commission of, or subsequent to, rape. 1977 – –New subsection: Murder of a law-enforcement officer while in the performance of his duties. 1981 – –New subsection: Murder of more than one person as part of the same act or transaction.

7. VA’s Capital Murder Statute General History 1985 – –New subsection: Murder of a child under 12 in the course of an abduction with the intent to defile. – –( repealed in 1996, when the abduction of any person with the intent to defile was made a capital offense ). 1989 – –Amended subsections 2 & 3: Attempted robbery and attempted rape. 1990 – –New subsection: Murder of any person in the commission or attempted commission of a violation of § 18.2-248 (distribution or manufacture of a controlled substance), involving a Schedule I or II substance.

8. VA’s Capital Murder Statute General History 1991 – –Amended subsection 5: Added murder in the commission or attempt of forcible sodomy. 1995 – –Amended subsection 5: Added murder in the commission of object penetration. 1996 – –New subsection 8: Murder of more than one person within a three year period.

9. VA’s Capital Murder Statute General History 1997 – –Amended subsection 6: Added murder of any law enforcement officer of another state or United States having the power to arrest for a felony. – –New subsection: Murder pursuant to the direction or order of one who is engaged in a continuing criminal enterprise as defined in subsection I of § 18.2-248. – –New subsection: Murder of a pregnant woman by one who knows the woman is pregnant and intends to cause a involuntary termination of pregnancy.

10. VA’s Capital Murder Statute General History 1998 – –New subsection: Murder of a person under 14 by a person over the age of 21. 2002 – –New subsection: Murder as an act of terrorism. 2007 – –New subsection: Murder of a judge. – –New subsection: Murder of a witness.

11. 50 State Survey Of the 37 states that have capital punishment, 21 make the killing of a firefighter either a capital crime or an aggravating factor in the consideration of a death sentence: Of the 37 states that have capital punishment, 21 make the killing of a firefighter either a capital crime or an aggravating factor in the consideration of a death sentence: –Arkansas, California, Colorado, Delaware, Georgia, Idaho, Illinois, Indiana, Louisiana, Mississippi, Missouri, Nebraska, Nevada, North Carolina, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, and Washington.

12. 50 State Survey Nebraska has a subsection that may cover murder of firefighters. Neb. Rev. St. Nebraska has a subsection that may cover murder of firefighters. Neb. Rev. St. § 29-2523 –“Murder committed knowingly to disrupt or hinder the lawful exercise of any government function or enforcement of the laws.” Utah has both a subsection for firefighters and a similar subsection as it relates to murder for the purpose of disruption of government functions. Utah has both a subsection for firefighters and a similar subsection as it relates to murder for the purpose of disruption of government functions.

13. 50 State Survey All twenty-one states make it a capital offense if the victim is in the performance of his or her duties at the time of the offense. All twenty-one states make it a capital offense if the victim is in the performance of his or her duties at the time of the offense. –The requirements of Illinois, Indiana and South Carolina are more expansive, to include the intentional killing of a firefighter related to the performance of his official acts or duties.

14. 50 State Survey Ten of the twenty-one states require that the victim be in the performance of his or her duties and the offender knows or should know that he or she is a firefighter. Ten of the twenty-one states require that the victim be in the performance of his or her duties and the offender knows or should know that he or she is a firefighter. –California, Colorado, Idaho, Illinois, Mississippi, Nebraska, Nevada, Texas, Utah, and Washington. Tennessee is the only state that expressly covers EMS, EMTs, rescue workers, and paramedics. Tennessee is the only state that expressly covers EMS, EMTs, rescue workers, and paramedics. –Nebraska’s and Utah’s “government function” statutes could possibly cover EMS, EMT’s, rescue workers, and paramedics.

15. Virginia Firefighter Deaths Since 2004, there have been 17 deaths of firefighters while in the line of duty in the Commonwealth. Since 2004, there have been 17 deaths of firefighters while in the line of duty in the Commonwealth. –2004: 3 –2005: 4 –2006: 3 –2007: 2 –2008: 5 No firefighter deaths have occurred as a direct result of an arson or an intentional killing while in the performance of their duties. No firefighter deaths have occurred as a direct result of an arson or an intentional killing while in the performance of their duties. Source: Virginia Fire Department Programs Source: Virginia Fire Department Programs

16. Capital Murder Statute Scenario: Scenario: – On July 21, 2008, suburban St. Louis firefighters responded to a vehicle fire in a residential neighborhood. Upon arriving, shots were fired from a nearby house that also appeared to be on fire. One firefighter was shot and killed. Police responded, and two police officers were also struck by gunfire.

17. Discussion