This bill amends the Code of West Virginia 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 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, the bill includes provisions for the automatic review of death sentences by the Supreme Court of Appeals, ensuring that the process is scrutinized for any potential errors or biases. It also mandates forensic DNA testing in death penalty cases, allowing convicted individuals to seek testing of biological material that may prove their innocence. The execution process is detailed, specifying that it can be carried out by lethal injection or firing squad, and includes protocols for the transfer of the convict to a correctional facility, the presence of witnesses during execution, and the disposition of the convict's body post-execution. The bill repeals previous laws that abolished capital punishment and establishes a comprehensive framework for its implementation.

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