MEMPHIS, Tenn. — For once, Tennessee lawmakers – with the exception of a few – are on the same page on an important piece of legislation. Both the state House and Senate have given overwhelming approval to a bill that allows death row inmates to avoid capital punishment – if they can prove intellectual disabilities.
To say the bill has bipartisan support would be an understatement. It passed in the House by a vote of 89 to 4 – and in the Senate 28 to 1 – with the lone no vote, to little surprise, coming from Germantown Republican Brian Kelsey.
The bill is something that should have been part of state law long before now. In fact, the state Supreme Court urged lawmakers to pass such legislation five years ago. The bill gives condemned inmates the opportunity to appeal their sentence on grounds of mental disabilities.
The change is seen as a huge boost for death row inmate Pervis Payne of Memphis – who was convicted of double murder in 1987. Payne continues to maintain his innocence, while at the same time his lawyers say he has a very low I.Q. – that under the new bill would keep him out of the execution chamber.
Gov. Bill Lee has indicated a willingness to sign the bill, which is good - because even our conservative legislature knows Tennessee should not be in the business of executing people with intellectual disabilities. And that’s my point of view.