Friday’s vote on the bill in the House of Delegates was 57-41, with three Republicans joining the Democratic majority in support of the measure.
The two bills will need to be approved by the other chamber, and Virginia House Democrats are “confident that both bills will be passed by both chambers, as they are identical,” the majority’s press secretary Kate Sarna told CNN.
But Friday’s passage in the House effectively guarantees the legislation will reach the governor’s desk.
Virginia’s Democratic Gov. Ralph Northam supports abolishing the death penalty, and after the Senate’s vote on Wednesday, said he looks forward to signing the bill.
If the bill is signed into law, Virginia would be the first southern state to repeal the death penalty since the US Supreme Court reinstated the punishment in 1976.
Debate among the Virginia lawmakers this week over the bill has been emotionally charged.
Ahead of the final vote Friday, GOP state Del. Jason Miyares, who voted against the bill, argued that the death penalty is not about revenge, but about justice for the victims.
During Thursday’s debate on the bill, Miyares, a former criminal prosecutor, held up pictures of murder victims in Virginia, describing the horrible and violent ending to their lives, and arguing that “victims have been completely left out in this debate over the death penalty.”
The House bill’s sponsor, Del. Mike Mullin, and other Democrats argued that the death penalty should be abolished because it “is immoral, racially biased, ineffective, and costly.”
“What keeps me up at night is that we run the risk of executing an innocent person,” the Democratic lawmaker said in a statement.
Democratic Del. Mark Levine got choked up on Friday as he shared emotional testimony of how his sister Janet was murdered by her husband.
Levine said that the House bill is not about him, or the victims, but “about the fact that the state may end up killing innocent people.”
“Killing someone else doesn’t bring Janet back to me,” Levine said, adding that wrongfully executing an innocent person would be “evil.”
The legislation would eliminate capital punishment sentencing effective July. It would also commute existing death sentences to life imprisonment without parole.
Some Senate Republicans had objected to that chamber’s bill because it did not include a mandatory minimum life sentence for aggravated murder without the possibility of parole. There were two inmates on death row in Virginia as of December 2020, according to Virginia’s Department of Corrections.
The House also voted Friday to legalize marijuana in Virginia by a vote of 55-42, with two abstaining, and the Senate plans to vote on its bill later Friday.
The legislation would allow individuals 21 or older to legally possess no more than one ounce of marijuana and grow no more than two mature and two immature marijuana plants for personal use in their homes. The measure would allow retail sales of recreational marijuana, set up a state regulatory scheme, and impose a retail tax of 21%.
The funds would be allocated to pre-kindergarten programs for at-risk 3- and 4-year-olds, the Cannabis Equity Reinvestment Fund, substance use disorder prevention and treatment programs, and public health programs.
The measure would also provide a process to automatically expunge certain marijuana-related convictions.
This story has been updated with additional information about the death penalty bill debate and the Virginia House’s vote on marijuana legalization.