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 by the Supreme Court of Appeals for any death penalty sentences to ensure they are not influenced by arbitrary factors and are proportionate to similar cases. Additionally, it reinstates the death penalty by repealing the previous law that abolished it.

Furthermore, the bill outlines the 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 transfer to the correctional facility. The bill also introduces provisions for the certification of the execution and the handling of the convict's body, allowing for the return of the body to friends or relatives upon request, while also detailing the protocol for unclaimed bodies.

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