This bill amends the Code of West Virginia to reinstate the death penalty for first-degree murder, particularly in cases involving sexual assault. It introduces new sections that detail sentencing procedures, including the necessity for a separate sentencing hearing if aggravating circumstances are proven beyond a reasonable doubt. The bill specifies the aggravating and mitigating circumstances to be considered during sentencing, mandates the recording of the jury's verdict, and establishes an automatic review process by the Supreme Court of Appeals for any death penalty sentences. Additionally, it allows for forensic DNA testing in these cases and grants the Governor the authority to issue pardons, reprieves, or commutations.

The legislation also repeals the previous law that abolished capital punishment, clarifying that a death sentence can be imposed if the jury finds aggravating circumstances as defined in the new sections. It outlines the execution process, detailing the roles of the Division of Corrections and Rehabilitation, and ensures compliance with constitutional standards. The bill further establishes procedures for the execution, including the responsibilities of the warden and the court clerk, and sets record-keeping requirements post-execution. It allows for the disposition of the convict's body, enabling relatives or friends to request its return for burial within two days, or otherwise following existing protocols for deceased convicts.

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
Committee Substitute: 61-2-2, 62-3-15, 61-2-2a, 61-2-2b, 61-2-2c, 61-2-2d, 61-2-2e, 61-2-2f, 61-2-2g, 61-2-2h, 62-7-4, 62-7-5, 62-7-6, 62-7-6a, 61-11-2