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Attorney general announces his legislative agenda for the next General Assembly session. Date published: 12/21/2004
RICHMOND--Attorney General Jerry Kilgore yesterday announced a legislative agenda that includes making it easier to levy the death penalty in certain cases. Kilgore's legislative package--which will have to be introduced by lawmakers because Kilgore cannot introduce legislation himself--seeks to eliminate the "triggerman" requirement that in order to receive the death penalty, the defendant must have been the person to actually pull the trigger. Past efforts to change that law have failed. But Kilgore said the sniper trials--in which both men charged in several sniper killings in Spotsylvania County and other suburban Washington localities were heavily involved in the planning, but only one actually pulled the trigger--"demands that we submit this legislation." Kilgore also wants to get rid of the "life in prison" default sentence when a jury in a capital case is hung. He wants to allow courts to dismiss hung juries and impanel new ones in capital cases. Kilgore is running for the Republican nomination for governor in 2005, and is expected to face Democratic candidate Lt. Gov. Tim Kaine. Kaine's position on the death penalty is likely to be an issue in that race. While Kaine says he opposes capital punishment personally but would support the laws of the state, Kilgore has criticized Kaine for his personal opposition and for defending, as an attorney, death-row inmates. Kilgore's legislative package revolves mostly around public-safety issues, such as legislation to combat gangs and punish people who make methamphetamine. His gang proposals include a "gang-free school zone" provision, as well as legislation to allow civil courts to prosecute gang activity under nuisance statutes. Kilgore said if nuisance ordinances were amended to include gang activity, then police or communities could ask courts to issue injunctions against gang activity, and violators could be prosecuted. Kilgore said there is a lesser burden of proof in civil cases than in criminal ones. Kilgore also wants to make it a Class 1 misdemeanor for an attorney to disclose any personal information about a victim or witness to a defendant or the defendant's attorney. He said that would help protect victims of and witnesses to gang-related crimes from retaliation. Kilgore will propose increasing the penalties for making methamphetamine--such as making it a crime to make methamphetamine in the presence of a child. He also has legislation to ease the burdens of regulation on small businesses. Kilgore wants to mandate that any proposed business regulations must describe the effect of such regulations on small businesses. Kilgore also proposes requiring that a person's full legal name appear on their driver's license, which is not currently mandated. "This is a small step that can have a big effect on reducing identity theft and in strengthening the integrity of our driver's licenses," Kilgore said. To reach CHELYEN DAVIS: 804/782-9362 cdavis@freelancestar.com
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