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Bill > HB4661


WV HB4661

WV HB4661
Allowing death penalty for intentionally killing law-enforcement officer or first responder in line of duty


summary

Introduced
01/21/2026
In Committee
01/21/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Session

Bill Summary

The purpose of this bill is to provide for the death penalty in limited circumstances; the bill provides for procedures and standards applicable thereto, and automatic review of the penalty, for commission of murder in the first degree. Procedures for carrying out the death sentence are established.

AI Summary

This bill establishes the death penalty as a possible punishment for first-degree murder in West Virginia, specifically when the victim is a law-enforcement officer or first responder (defined as firefighters, emergency medical services personnel, correctional department employees, and others who respond to emergency calls) intentionally killed in the line of duty. The bill outlines detailed procedures for sentencing, including separate hearings for juries to consider aggravating circumstances, such as the victim's status, and mitigating circumstances, such as the defendant's mental state or age. If aggravating circumstances are proven beyond a reasonable doubt and outweigh any mitigating circumstances, the jury can sentence the defendant to death; otherwise, the sentence is life imprisonment without parole. The bill also mandates automatic review of any death sentence by the Supreme Court of Appeals to ensure it was not imposed arbitrarily and is proportionate, and it allows for DNA testing in death penalty cases to potentially prove innocence or wrongful sentencing.

Committee Categories

Justice

Sponsors (9)

Last Action

To House Judiciary (on 01/21/2026)

bill text


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