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, requiring that a death sentence can only be imposed if aggravating circumstances are proven beyond a reasonable doubt and no mitigating circumstances exist. The bill mandates a separate sentencing hearing and requires juries to evaluate both types of factors before reaching a verdict. Additionally, it reinstates the death penalty by repealing the previous law that abolished it and ensures automatic review of death sentences by the Supreme Court of Appeals of West Virginia.

Furthermore, the bill outlines the procedures 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 warden is tasked with organizing the execution and certifying it to the circuit court clerk, with provisions for handling the convict's body post-execution, including returning it to relatives upon request or disposing of it according to existing protocols if no request is made.

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