SB 783
Relating to sentence of death or life imprisonment for capital sexual battery
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill proposes to increase the potential punishment for capital sexual battery – specifically, offenses that injure a child under 12 – to include the possibility of a sentence of death or life imprisonment without parole. It establishes a separate sentencing proceeding to determine if the defendant should receive the death penalty, requiring a unanimous jury finding of at least two aggravating factors. The bill also addresses victim impact evidence and considers constitutional challenges related to the death penalty.
Key provisions
- Requires a sentence of death or life imprisonment without parole for capital sexual battery that injures a person under 12 years of age.
- Establishes a separate sentencing proceeding for capital felony offenses, distinct from the guilt determination.
- Mandates a unanimous jury finding of at least two aggravating factors for a sentence of death.
- Allows for the presentation of victim impact evidence to demonstrate the harm to the victim.
- Defines specific aggravating factors, including prior sexual predator designations and mental disturbance.
- Specifies mitigating circumstances that could reduce a potential sentence.
- Addresses constitutional challenges by allowing for review and potential re-sentencing if prior legal interpretations are deemed unconstitutional.
- Sets a date (January 1, 2027) for when the new sentencing provisions will apply.
Who is affected
- Defendants charged with capital sexual battery
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