Bill > HB2567

This bill establishes a specific legal framework for imposing the death penalty in West Virginia, focusing primarily on cases where a law-enforcement officer or first responder is intentionally killed while performing their duty. The bill creates a detailed sentencing procedure that requires a separate sentencing hearing after a first-degree murder conviction, where a jury must unanimously decide whether to impose the death penalty. To do so, the jury must find at least one aggravating circumstance (specifically the killing of a law enforcement officer or first responder in the line of duty) and determine that no mitigating circumstances outweigh the aggravating circumstance. The bill mandates automatic review of death sentences by the Supreme Court of Appeals, which will examine whether the sentence was imposed arbitrarily, whether evidence supports the aggravating circumstances, and whether the sentence is proportionate to similar cases. Additionally, the bill provides provisions for DNA testing in death penalty cases, allowing convicted individuals to request testing of biological evidence that might prove their innocence. If death is imposed, execution will be by lethal injection, and the bill includes detailed procedures for carrying out the sentence, including who may be present at the execution and how the body of the executed convict will be handled.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=2567&year=2025&sessiontype=RS&btype=bill