CARSON CITY — As the failure of the death penalty repeal in Nevada fades into the rearview mirror of the legislative session, progressives and activists are debating their next steps.
Progressives have expressed anger and disappointment that the repeal failed to pass with Democrats in control of the state Assembly, Senate and governor’s office.
Many are arguing for a temporary moratorium on executions while planning to bring the issue forward in the 2023 Legislature.
Assembly Bill 395, which would have repealed the death penalty in Nevada, stalled in the Senate and subsequently expired.
If lawmakers need more time to reach a decision, a pause on executions is warranted, said Annette Magnus, executive director of the nonprofit Battle Born Progress. “If we need to do more exploration of people’s hearts, then I guess we can do a moratorium,” she said.
A majority of Democrats and independents in Nevada opposed the death penalty, 69% and 51% respectively, according to a January poll by David Binder Research and cited by the Death Penalty Information Center.
Overall, 49% of Nevadans oppose the death penalty, while 46% support it, according to the poll.
Holly Welborn, policy director for the American Civil Liberties Union of Nevada, said some lawmakers were too concerned about the possible political ramifications to vote for the repeal.
“There’s really an opportunity here to really come into this century (and) end this draconian policy, and the Legislature failed to do it,” Welborn said.
According to the Death Penalty Information Center, 23 states have banned the death penalty, while three others have a moratorium on capital punishment.
The bill’s failure in Nevada came after legislative leadership worked on a possible compromise behind the scenes to limit the use of the death penalty.
Gov. Steve Sisolak, who had been noncommittal on the death penalty ban, signaled he would support restricting the punishment to mass shooters. But nothing came of the talks among lawmakers.
Welborn said the failure of the bill to pass was indicative of a larger disregard for criminal justice reform in the Legislature this session.
“It’s a major problem, especially when promises were made in the (2020) special session that we would continue the conversation,” she said.
Magnus said she was frustrated by a shift in positions by some lawmakers from before they were elected to after they took office.
“These people run on progressive values,” Magnus said. “They love progressive values when they’re running for reelection. Suddenly, when they get into this building, they forget who elected them and what issues they elected them on.
“If they think this is going away, they are wrong,” Magnus said. “We will be back next session and we will be asking for the exact same thing.”