Bill > H2219

This bill establishes the death penalty in the Commonwealth by creating a new chapter in the General Laws detailing the conditions under which murder in the first degree can be classified as "capital murder," which carries a potential sentence of life imprisonment without parole or death. It defines various terms relevant to capital cases, such as "political terrorism," "gratuitous and depraved manner," and "mentally incompetent to be executed," which refers to a defendant's inability to understand their punishment is death due to a mental disease or defect. The bill outlines specific aggravating factors that can lead to a capital murder charge, including committing murder for political terrorism, retaliating against criminal justice system participants or witnesses, torture, murdering multiple victims, having prior murder convictions, or committing murder while serving a life sentence. It also introduces an affirmative defense for defendants who are "mentally retarded," meaning they meet the definitions of intellectual disability from recognized professional organizations, and establishes procedures for determining mental retardation. The bill mandates specific legal protections for defendants in capital cases, such as requiring at least two court-appointed attorneys who are "capital-case qualified" (meaning they meet rigorous experience and training standards) and outlines protocols for prosecutorial discretion and independent scientific review of evidence. It also details procedures for jury selection, sentencing, mandatory appellate review, and addresses issues of mental competency to be executed and pregnancy for female defendants sentenced to death, with provisions for life imprisonment without parole if the death penalty is found unconstitutional.