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2010 Interim Record

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2010 Interim Record 2010 Interim LEGISLATIVE Volume 23, No. 3 August 2010 * Read on-line at www.lrc.ky.gov/legislation.htm* RECORD Proposed death penalty ban reviewed by panel by Rebecca Mullins Hanchett legal in most death-penalty states despite a 1986 LRC Public Information Supreme Court ruling that execution of the insane violates a ban on “cruel and unusual punishment” Lawmakers reviewed a proposal on Aug. 11 in set out in the Eighth Amendment of the U.S. Consti- Frankfort that would eliminate the death penalty for tution. The 24-year-old ruling did not mandate pro- severely mentally ill persons who commit capital cedures for states to follow to determine a person’s crimes in Kentucky. legal sanity. House Bill 16, sponsored by House Minority The death penalty was eliminated for men- Whip David Floyd, R-Bardstown, and Rep. Darryl tally retarded defendants and defendants who com- Owens, D-Louisville, stalled in the House Judiciary mit capital crimes under the age of 18 as a result of Committee during the 2010 Regular Session. The bill U.S. Supreme Court rulings issued in 2002 and 2005 would have defined “severely mentally ill” defen- respectively. Ernie Lewis with the Kentucky Asso- dants under Kentucky law and ciation of Criminal Defense Lawyers explained that Severe mental eliminated the death penalty mental limitations of the two groups made them less illness affects for those defendants while culpable in the eyes of the Court. leaving courts the option to only 2.6 House Minority Floor Leader Jeff Hoover, hand another sentence down percent of the R-Jamestown, questioned language in HB 16 that in those cases. Seriously population states a mental disorder that is “manifested primarily mentally retarded defendants and includes by repeated criminal conduct or attributable solely to in capital cases and those the acute effects of voluntary use of alcohol or other such who commit capital crimes disorders as drugs” would not, by itself, indicate the person has when they are under age 18 severe mental illness. Hoover said the definition of schizophrenia are already exempt from the severely mentally ill in the bill would prevent some- and delusional death penalty in Kentucky. one from voluntarily using alcohol or other drugs, disorder. Rep. Kelly Flood, D-Lexington, confers with Rep. Harry Moberly, Sheila Schuster with thereby allowing mentally ill persons to claim sub- the Kentucky Mental Health D-Richmond, prior to the August meeting of the Interim Joint Committee on Judiciary in Frankfort. stance abuse was the cause of their disorder. Coalition told state lawmak- HB 16 would define a severely mentally ill de- ers on the Interim Joint Committee on Judiciary that said. A person with such a disorder often has non-re- fendant as someone who at the time of their crime severely mentally ill persons are not deterred by the ality based beliefs which Williams said may include “had a severe mental disorder or disability that sig- threat of the death penalty and that “it is time to re- thoughts that the individual is a king or a queen, or nificantly impaired his or her capacity to appreciate move this small group from (those eligible) for the even a major religious figure. “They have no basis in the nature, consequences or wrongfulness or his or death penalty” while still holding such persons ac- reality of what’s going on,” he said. her conduct, exercise rational judgment in relation countable for their crime. “We’re not asking that these people not be pros- to conduct, or conform his or her conduct to the re- Severe mental illness, according to testimony ecuted,” said Williams. “We’re asking that the death quirements of the law…”. by psychologist Dr. Russ Williams, affects only 2.6 penalty be taken off but they still be held account- Lewis said HB 16 would have addressed intoxi- percent of the population and includes such disor- able for their actions.” ders as schizophrenia and delusional disorder, he Execution of the severely mentally ill is still Continued on page 2 Lawmakers consider challenges confronting airport industry by Rob Weber ment and Tourism Committee and the Program Re- consider air service a top factor Aviation-related LRC Public Information view and Investigations Committee. in determining where they will employment Aviation-related employment makes up 5 per- locate.” makes up The importance of airports to the state’s econ- cent of Kentucky’s jobs and represents 5.3 percent John C. Mok, chief execu- 5 percent omy was highlighted as lawmakers heard testimony of the state’s gross domestic product, said Northern tive officer of the Cincinnati/ of Kentucky’s during an August 17 meeting on the issues and chal- Kentucky Chamber of Commerce President Steve Northern Kentucky Interna- jobs and lenges facing the air services industry. Stevens, who was joined at the meeting by the heads tional Airport, said providing represents 5.3 Although air travel has been down nationwide of Kentucky’s three largest airports. direct, transatlantic flights is percent in recent years, the industry is still an important part “The presence of top notch air service is criti- a key to keeping international of the state’s of Kentucky’s economic engine and efforts to recruit cal to economic development,” Stevens said. “In this companies in Kentucky and gross domestic new businesses to the state, lawmakers were told fast-paced economy, businesses rely on the ability product. during a joint meeting of the Economic Develop- to easily move from place to place. … Businesses Continued on page 2 THE KENTUCKY GENERAL ASSEMBLY Airports, from page luring new ones to the state. With the at tools that could ensure the state’s air number of such flights out of his air- service industry is on a level playing port dropping from five to one last field, Mok said. year, restoring lost international ser- “An investment program is not a vice is a top priority, he said. handout – it is an economic develop- “The number of European firms ment tool like that is offered in other operating in our region has tripled to industries to increase Kentucky’s over 300 since 1987, when (the Cin- competitiveness in the global market- cinnati/Northern Kentucky Interna- place,” he said. tional Airport) began offering nonstop Eric Frankl, executive director transatlantic service,” Mok said. “With of Lexington Bluegrass Airport, said the loss of four European non-stop it’s not uncommon for states to imple- destinations in 2009, our businesses ment air service grants. He noted that now have one direct, non-stop, trans- Kansas studied the impact of low fares atlantic flight (to Paris)… If we want “and now budgets for these type of in- to retain these international companies centives because they believe that for and attract new ones, direct transoce- an annual investment of $5 million, anic service is critical.” the citizens of Wichita would save Communities such as Pittsburgh, over $40 million because of lower air Portland and San Diego have spent fares. As a result, air service would millions in air service incentive funds not only be enhanced for the consum- to secure or retain international ser- ers but also for the benefit of existing vice. Kentucky should also take a look companies and potential future com- panies that are located in that commu- nity and state.” Death penalty, Frankl quoted a recent posting from page on an air services blog by William S. Swelbar, a research engineer in the Senate President Pro Tempore Katie Kratz Stine, R-Southgate, comments during the Aug. 17 meeting of the Interim Joint Committee on Economic Development and Tourism. cation of a mentally ill person during Massachusetts Institute of Tech- mitigation. nology’s International Center for Air As far as competency to stand Transportation: “Communities fund concerned and want to make sure the for our region,” said Stine, R-South- trial is concerned, Williams said there sports stadiums to attract teams and Northern Kentucky and Cincinnati air- gate. “But we also recognize that air- is a difference between competency to tax breaks for large companies to en- port is as strong and vibrant as it can ports across our commonwealth are stand trial and criminal responsibility. tice them to their area, all in the name be because it is an economic engine important.” A person’s competency can ebb and of economic impact. Why shouldn’t flow, while criminal responsibility, he air service be the same?” said, is “stuck in time.” That segued The challenges facing the airline Nominations now accepted for into a comment made by Chris Cohron industry have made it increasingly of the Kentucky Commonwealth At- difficult for airports to retain services 00 Vic Hellard Jr. Award torneys Association who said state and attract new ones, said Charles T. law already exempts legally insane in- “Skip” Miller, executive director of The Kentucky Legislative Research Com- dividuals from the death penalty. Louisville International Airport. mission is now accepting nominations for the “I’m not aware of any prisoner “Many communities clearly see 2010 Vic Hellard Jr. Award. under a death sentence (in Kentucky) the need for additional tools to help The award, given annually in memory and who has been found guilty but men- airports successfully compete for pas- recognition of Mr. Hellard’s contributions to an tally ill,” Cohron said. senger air service and the airlines’ independent legislative institution and devoted But Lewis, in response to another ever-shrinking scarce resources,” he service to the Commonwealth, recognizes a per- comment, said the behavior of a de- said. son who has advanced the interests of citizens of fendant at the time of the crime is what None of the airport heads speci- the Commonwealth by example and leadership.
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