Bill > SB1068

This bill, titled "Permitting death penalty for murder of minors 16 years or younger," proposes to reinstate the death penalty in West Virginia under specific circumstances, primarily for first-degree murder and first-degree sexual assault when the victim is 16 years old or younger. The bill outlines procedures for determining if the death penalty should be applied, requiring that aggravating circumstances, such as the victim's age, be charged and proven beyond a reasonable doubt by the state. If a jury unanimously finds an aggravating circumstance to be true, the defendant will be sentenced to death; otherwise, they will receive a sentence of life imprisonment without parole. The bill also specifies that findings of aggravating circumstances cannot rely solely on circumstantial evidence and must include physical evidence like DNA or an uncoerced confession. Furthermore, it establishes that the West Virginia Division of Corrections and Rehabilitation (DCR), in conjunction with the West Virginia Supreme Court of Appeals, will create the mechanism for carrying out capital punishment. This legislation effectively amends existing laws regarding penalties for first-degree murder and sexual assault, and repeals a previous statute that had abolished capital punishment.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=1068&year=2026&sessiontype=RS&btype=bill