SB 1037
Allowing death penalty for first degree murder during commission of sexual assault
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill amends West Virginia law to allow the death penalty to be imposed on individuals convicted of first-degree murder when the crime is also committed with sexual assault. It requires prosecutors to formally seek the death penalty and outlines procedures for jury selection, sentencing, and victim impact statements. The bill also includes provisions for forensic DNA testing, the role of the Supreme Court of Appeals in reviewing death sentences, and the execution process itself, including safeguards and disposition of the deceased defendant’s body.
Key provisions
- Requires prosecutors to formally seek the death penalty and provide notice to the defendant.
- Establishes a process for jury selection in capital felony cases, including alternate jurors.
- Sets forth aggravating and mitigating circumstances to be considered during sentencing.
- Mandates a victim impact statement during sentencing proceedings.
- Authorizes automatic review of death penalty sentences by the Supreme Court of Appeals.
- Requires forensic DNA testing in death penalty cases.
- Details the procedures for carrying out a death sentence within a state correctional facility.
- Addresses the disposition of the deceased defendant’s body, including options for return to family.
Who is affected
- Defendants convicted of first-degree murder
- Prosecutors
- Victims of sexual assault
- Juries
- West Virginia Division of Corrections and Rehabilitation
Notable changes
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