This bill amends the Code of West Virginia to permit the death penalty for individuals convicted of first-degree murder or first-degree sexual assault involving a minor aged 16 years or younger. It introduces new sections that outline specific procedures and standards for imposing the death penalty, including the requirement for aggravating circumstances to be proven beyond a reasonable doubt. The bill also establishes a separate sentencing hearing where a jury will determine whether the defendant should receive the death penalty or life imprisonment without the possibility of parole, based on the evidence presented regarding aggravating circumstances.

Additionally, the bill repeals the existing law that abolished capital punishment, thereby reinstating the possibility of the death penalty under the specified conditions. It details the procedures for jury trials and non-jury trials, including the instructions that juries must receive regarding aggravating circumstances and the implications of their findings. The bill aims to create a structured framework for capital punishment in West Virginia, ensuring that it is applied in a limited and carefully regulated manner.

Statutes affected:
Introduced Version: 61-2-2, 61-8B-3, 61-2-2a, 61-2-2b, 61-8B-3a, 61-11-2