This bill proposes comprehensive amendments to the Code of West Virginia concerning the death penalty, particularly for defendants convicted of first-degree murder in conjunction with first-degree sexual abuse of a child. It outlines the procedures for prosecutors to notify their intent to seek the death penalty, details the jury selection process, and establishes specific sentencing protocols that include the consideration of aggravating and mitigating circumstances. The bill mandates the inclusion of victim impact statements and requires automatic reviews of death penalty sentences by the Supreme Court of Appeals. Additionally, it repeals the existing prohibition on the death penalty and introduces new regulations regarding the execution process, the transfer of sentenced individuals, and the preservation of court records.

Furthermore, the bill emphasizes the preservation of biological materials related to death penalty cases and mandates that the West Virginia Division of Corrections and Rehabilitation propose rules for execution methods that adhere to constitutional standards. It modifies the language surrounding the verdict and sentencing process, ensuring juries explicitly determine the degree of murder and eligibility for parole. The management of executions will be overseen by the warden of the correctional facility, with established protocols for witness presence and the handling of remains post-execution. Overall, the bill aims to create a structured and fair framework for capital punishment in West Virginia while safeguarding the rights of defendants.

Statutes affected:
Introduced Version: 61-2-2, 62-3-3, 62-3-5, 62-3-15, 62-7-4, 62-7-5, 62-7-6, 62-7-6a, 61-11-2