This bill amends the Code of West Virginia to establish 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 introduces 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 and mitigating circumstances that must be considered during sentencing, as well as the standards for evidence required to support a finding of aggravating circumstances. Additionally, it mandates an automatic review of death sentences by the Supreme Court of Appeals to ensure fairness and legality.

The bill also includes provisions for the execution of the death sentence, specifying that it may be carried out by lethal injection or firing squad, and establishes protocols for the transfer of the convicted individual to a state correctional facility. It repeals previous laws that abolished capital punishment and outlines the process for DNA testing in death penalty cases, allowing individuals to seek testing of biological material that may prove their innocence. The bill emphasizes the importance of preserving biological evidence and provides guidelines for the disposition of the convict's body post-execution, ensuring that relatives can claim the body if desired.

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, 61-11-2, 62-3-15, 62-7-4, 62-7-5, 62-7-6, 62-7-6a