This bill amends West Virginia's Code to reintroduce the death penalty for first-degree murder in specific circumstances, particularly when the victim is a law enforcement officer or first responder killed in the line of duty. It establishes new sections detailing the procedures for sentencing, including the requirement for a separate sentencing hearing where a jury will determine whether to impose the death penalty or life imprisonment without parole. The bill outlines aggravating circumstances that warrant the death penalty, such as the intentional killing of a law enforcement officer, and specifies that these must be proven beyond a reasonable doubt. It also introduces mitigating circumstances that can be considered during sentencing.

Additionally, the bill mandates an automatic review of death sentences by the Supreme Court of Appeals, ensuring that the imposition of the death penalty is scrutinized for any potential errors or biases. It provides for forensic DNA testing in death penalty cases, allowing convicted individuals to seek testing of biological evidence that may prove their innocence. The execution process is also detailed, specifying that it can be carried out by lethal injection or firing squad, and includes provisions for the handling of the convict's body post-execution. The bill repeals previous laws that abolished capital punishment, thereby reinstating the death penalty under the newly defined conditions.

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