This bill amends the Code of West Virginia to establish new procedures and criteria for imposing the death penalty in first-degree murder cases, particularly when the victim is a law enforcement officer or first responder. It introduces new sections that detail the aggravating and mitigating circumstances to be considered during sentencing, as well as the requirement for a unanimous jury decision to impose a death sentence. The bill also mandates automatic review of death penalty sentences by the Supreme Court of Appeals, ensuring transparency and fairness in the process. Additionally, it reinstates the death penalty by repealing the previous law that abolished it and outlines the execution process to be managed by the West Virginia Division of Corrections and Rehabilitation.

Furthermore, the bill specifies the roles and responsibilities related to the execution of death sentences, designating the warden of the state correctional facility or the Commissioner of the West Virginia Division of Corrections and Rehabilitation as the executioner. It requires the court clerk to deliver a certified copy of the death sentence to the sheriff, who will maintain custody of the convict until their transfer to the correctional facility. The bill also includes provisions for the certification of the execution and the handling of the convict's body, ensuring that if requested by relatives within two days, the body is returned for burial, with transportation costs covered by the Division of Corrections and Rehabilitation. If no request is made, the body will be managed according to existing protocols for deceased convicts.

Statutes affected:
Introduced Version: 61-2-2, 61-2-2a, 61-2-2b, 61-2-2c, 61-2-2d, 61-2-2e, 61-2-2f, 61-2-2g, 62-7-4, 62-7-5, 62-7-6, 62-7-6a, 61-11-2, 62-3-15
Committee Substitute: 61-2-2, 62-3-15, 61-2-2a, 61-2-2b, 61-2-2c, 61-2-2d, 61-2-2e, 61-2-2f, 61-2-2g, 62-7-4, 62-7-5, 62-7-6, 62-7-6a, 61-11-2