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 to ensure fairness and adherence to legal standards. Additionally, it reinstates the death penalty by repealing the previous law that abolished it and outlines the execution process, including the roles of the West Virginia Division of Corrections and Rehabilitation.

Furthermore, the bill allows individuals sentenced to death to request forensic DNA testing of biological material related to their case at any time after conviction, aiming to facilitate the consideration of new evidence that could lead to exoneration or a new trial. It designates the warden of the state correctional facility as the executioner and outlines the responsibilities related to the execution process, including the delivery of a certified copy of the death sentence to the sheriff and the organization of the execution. The bill also includes provisions for the certification of the execution and the handling of the convict's body, ensuring that it is returned to friends or relatives upon request, with transportation costs covered by the state.

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