SB 1068
Permitting death penalty for murder of minors 16 years or younger
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill seeks to reinstate the death penalty for murder cases involving victims who are 16 years of age or younger in West Virginia. It establishes specific aggravating circumstances, such as the victim being a minor, that would trigger consideration of the death penalty. The bill outlines procedures for sentencing, including separate hearings for juries and non-jury trials, and requires evidence of aggravating circumstances to be based on physical evidence like DNA or confessions. It also addresses sentencing for sexual assault involving minors.
Key provisions
- The death penalty can be imposed for murder of a minor 16 years or younger.
- Aggravating circumstances include the victim being a minor 16 years or younger and sexual assault involving a minor 16 years or younger.
- Evidence of aggravating circumstances must be based on physical evidence (e.g., DNA, confession) and not solely on circumstantial evidence.
- A separate sentencing hearing is required after a guilty verdict, allowing the jury to determine between life imprisonment and the death penalty.
- The West Virginia Division of Corrections and Rehabilitation will establish a mechanism for carrying out capital punishment.
- Sentencing procedures are similar for jury trials and non-jury trials/guilty pleas.
- Jury instructions must include consideration of aggravating circumstances and the possibility of jury discharge if a unanimous decision cannot be reached.
Who is affected
- Defendants convicted of murder or sexual assault
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