The bill introduced on January 14, 2026, amends the death penalty provisions in West Virginia under the Patrolman Cassie Marie Johnson Memorial Act. It establishes new procedures for sentencing in first-degree murder cases, detailing the criteria for aggravating and mitigating circumstances that influence whether a defendant receives the death penalty or life imprisonment without parole. The legislation mandates a separate sentencing hearing where a jury will evaluate evidence regarding these circumstances. It also includes provisions for automatic review of death sentences by the Supreme Court of Appeals, forensic DNA testing in death penalty cases, and specifies that executions will be conducted by lethal injection.

Furthermore, the bill outlines the responsibilities of court clerks and correctional facility wardens in the execution process, including the requirement for the clerk to send copies of relevant documents to the warden and the warden's duty to arrange the convict's transfer and execution. It details the presence of various officials and citizens during the execution and introduces new sections regarding the record of execution and the handling of the convict's body post-execution. The warden or Commissioner of Corrections must certify the execution to the clerk, and provisions are made for the return of the body to relatives upon request, or its handling according to existing protocols if no request is made.

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