Bill > SB158

This bill, titled the Patrolman Cassie Marie Johnson Memorial Act, proposes to reintroduce the death penalty in West Virginia for individuals convicted of first-degree murder under specific circumstances, while also establishing detailed procedures for its application and review. Previously, first-degree murder was punishable by life imprisonment. Under this bill, if aggravating circumstances, such as the murder occurring during incarceration, the victim being a law enforcement officer, or the murder being particularly heinous, are proven beyond a reasonable doubt and no mitigating circumstances, such as extreme mental disturbance or the defendant's age, are found to outweigh them, the jury can sentence the defendant to death. If the jury cannot unanimously agree on a death sentence, or if mitigating circumstances outweigh aggravating ones, the sentence will be life imprisonment without parole. The bill also mandates an automatic review of any death sentence by the Supreme Court of Appeals to ensure it was not imposed arbitrarily and is proportionate to similar cases, and it allows for DNA testing in death penalty cases to potentially prove wrongful conviction or sentencing. Procedures for the execution itself, including lethal injection, and the disposition of the executed person's body are also outlined.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=158&year=2026&sessiontype=RS&btype=bill