Bill > SB1037

This bill proposes to reinstate the death penalty in West Virginia for defendants convicted of first-degree murder or first-degree sexual abuse of a child, allowing for its imposition in the same legal proceeding where guilt is determined. It amends existing laws to allow for capital punishment as a penalty for first-degree murder, alongside life imprisonment, and repeals the previous abolition of capital punishment. The bill outlines specific procedures for seeking the death penalty, including a prosecutor's notice to the defendant and court detailing aggravating factors, and establishes rules for jury selection in capital cases, requiring jurors to be able to consider a death sentence. It also details a separate sentencing proceeding where evidence of aggravating factors and mitigating circumstances can be presented, with the jury making a recommendation on life imprisonment without parole or death, and the court ultimately deciding the sentence. The bill lists specific aggravating factors, such as prior felony convictions for violent crimes or sexual offenses, and mitigating circumstances, like extreme mental or emotional disturbance or minor participation in the crime. It also includes provisions for victim impact evidence, automatic review of death sentences by the Supreme Court of Appeals, and the right to DNA testing for individuals sentenced to death. Finally, it establishes procedures for the execution of a death sentence, including the methods of execution, the roles of correctional officials, and the presence of authorized individuals at the execution.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=1037&year=2026&sessiontype=RS&btype=bill