If the death penalty is not waived by the state, the trial shall proceed in two stages before the same trier of fact. In the first stage, the trier shall determine whether the defendant is guilty. In the second stage, if the trier found the defendant guilty of statutory rape in the first or second degree, rape in the first or second degree, or sexual trafficking of a child in the first degree, the trier shall assess and determine the punishment.

If the trier finds by a preponderance of the evidence that the defendant is intellectually disabled, there is a mitigation of punishment, or the trier decides not to declare a punishment of death, then a punishment at life imprisonment without eligibility for parole shall be declared. If the trier is a jury and it is unable to decide upon the punishment, the judge shall determine the punishment.

This act shall only apply to offenses committed on or after August 28, 2024.

MARY GRACE PRINGLE