This bill proposes the addition of a new section, 61-8B-20, to the Code of West Virginia, establishing a framework for imposing a sentence of death or life imprisonment for individuals convicted of capital felony offenses involving sexual battery against children under 12 years of age. The bill emphasizes the severity of such crimes, asserting that they pose a significant risk to vulnerable members of society and undermine societal decency. It outlines the procedures for prosecutors to seek the death penalty, mandates separate sentencing proceedings following a conviction, and specifies the criteria for juries to determine the presence of aggravating factors that could warrant a death sentence.

Key provisions include the requirement for juries to find at least two aggravating factors unanimously for a death sentence to be considered, as well as the introduction of victim impact evidence during sentencing. The bill also addresses the constitutionality of death sentences, asserting that such sentences can be imposed despite existing legal precedents that may deem them unconstitutional. Additionally, it stipulates that this section will apply to any capital felony committed on or after January 1, 2027. Overall, the bill aims to enhance penalties for severe sexual offenses against minors, reflecting a legislative intent to protect children and uphold justice.

Statutes affected:
Introduced Version: 61-8B-20