Law of Parties Bill Passes Texas House of Representatives
Call your Texas state senator and urge them to vote for HB 2267
Amendment Adopted for the Bill to be Known as "The Kenneth Foster Jr, Act"
Austin, TX – May 15, 2009 – The Texas House of Representatives today passed House Bill 2267, "The Kenneth Foster, Jr Act". Sponsored by Rep. Terri Hodge (D – Dallas), the bill would eliminate the death penalty as a sentencing option under the controversial Texas Law of Parties. It would also require separate trials of co-defendants in capital cases. The bill now goes to the Senate for consideration.
The Texas Law of Parties gained national prominence in 2007 during the high profile case of Kenneth Foster, Jr., whose death sentence was commuted by Governor Rick Perry following a national grassroots movement to halt his execution.
“It is my hope that in the future no other families have to deal with the emotional, psychological and financial hell associated with having a loved one on death row for a murder they factually did not commit, like my family has had to deal with for the last 13 years,” said Terri Bean, sister of Texas death row inmate Jeff Wood. Wood was sentenced to death under the Law of Parties.
“This bill, when passed, will make me even prouder to be a resident of Texas,” said Kenneth Foster, Sr., father of Kenneth Foster, Jr. “Our family knows first hand the injustices of the Law of Parties, and Rep. Hodge’s bill is a step in the right direction.”
Although Hodge’s bill is not retroactive, and therefore would not affect any current cases like Jeff Wood's, several families of death row inmates convicted under the Law of Parties have lobbied in favor of the legislation.
“This is a major victory for the families impacted by this unfair law,” said Bryan McCann of the Campaign to End the Death Penalty. “We are told the death penalty is reserved for the worst of the worst, but its application under the Law of Parties affords prosecutors far too much discretion in pursuing the most severe form of punishment.”
Executions under the Law of Parties are very rare. Three people have been executed in Texas under the Law of Parties, which amounts to 0.6 percent of the 437 total executions in Texas. The last such execution in Texas was in 1993.
"The Kenneth Foster, Jr Act is a much-needed reform. The current law allowing accomplices who have not killed anyone to pay the ultimate penalty for a murder committed by another person is fundamentally unjust", said Scott Cobb, president of Texas Moratorium Network.
This is what we have been working so hard for the last several months! The hard work is paying off. Like with every bill, we could still lose the floor vote, but if people make calls to their state senators, then that will improve our chances.
Call Texas State Senators and Urge Them to Vote Yes on HB 2267, "The Kenneth Foster, Jr Act"
If you live in Texas, click here to find out who your state senator is.
Click here for a list of all Texas senators.
Sample Message (change it to your own words) "Hello, I am calling to urge Senator X to vote in favor of HB 2267, the Law of Parties bill. It has already been approved by the Texas House of Representatives. HB 2267 would require separate trials for co-defendants in capital trials and would prohibit the state from seeking the death penalty for people who do not kill anyone but are convicted under the Law of Parties. I do not believe it is fair to sentence someone to death, like Kenneth Foster was, if they did not kill anyone.
The Law of Parties allows people who "should have anticipated" a murder to receive the death penalty for the actions of another person who killed someone. A person sentenced to death under the Law of Parties has not killed anyone. They are accomplices or co-conspirators of one felony, such as robbery, during which another person killed someone, but a person should not be executed for the actions of another
person.
Thank you and call your state senator today!
The Law of Parties allows people who "should have anticipated" a murder to receive the death penalty for the actions of another person. A person sentenced to death under the Law of Parties has not killed anyone. They are accomplices or co-conspirators of one felony, such as robbery, during which another person killed someone.
The Texas Legislature is currently considering HB 2267, which would prohibit the state from imposing the death penalty on people convicted under the Law of Parties.
HB 2267 has been approved by the Texas House of Representatives and sent to the Senate.
Sign the petition to support HB 2267 and HB 304.
On February 24, we held a press conference at the Texas capitol with members of the families of Kenneth Foster and Jeff Wood, both of whom were convicted and sentenced to death under the Law of Parties, even though neither of them ever killed anyone. Foster's death sentence was commuted to life in prison on August 30, 2007. Wood remains on death row.
On March 24, several organizations held a Death Penalty Reform Lobby Day. The main focus of the Lobby Day was to advocate for an end to the death penalty under Law of Parties cases.
Everyone who has been executed in the United States since the death penalty was reinstated in 1976 participated in a crime in which at least one victim died. In most cases, the person executed directly killed the victim. In a small minority of cases, the person executed ordered or contracted with another person to carry out the murder.
In another group of cases, the person executed participated in a felony during which a victim died at the hands of another participant in the felony. The defendant in such cases was typically found guilty of "felony murder"or under the "law of parties," and in some states can receive the death penalty, despite not having killed or directed the killing of the victim.
Texas has executed three people under the Law of Parties out of the 437 total executions Texas has conducted since 1982.
"No one should be put to death for a murder committed by someone else. The death penalty should certainly not be used for people who do not actually kill anyone. While most people in Texas may still support the death penalty, I am quite sure that even most people who support the death penalty only want it used for the worst of the worst murderers and not for people who do not actually kill anyone. Hodge's bill would eliminate the death penalty sentencing option for people convicted under the Law of Parties, but it would still allow people who play lesser roles in a case to be convicted and sentenced to prison under the Law of Parties." - Scott Cobb, President, Texas Moratorium Network.
The US Supreme Court has addressed the use of the death penalty in such cases. See Enmund v. Florida and Tison v. Arizona.
