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AR HB1798
Bill
Status
5/1/2017
Primary Sponsor
Charles Blake
Click for details
AI Summary
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Adds a fourth requirement for imposing a death sentence: the defendant must be found guilty of each element of the underlying offense beyond any doubt.
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Modifies harmless error review procedures for death sentences on appeal, allowing the Supreme Court to affirm a death sentence by simple majority vote if an erroneous aggravating circumstance finding would not have changed the jury's decision.
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Changes the harmless error review trigger from "the jury found no mitigating circumstance" to "the jury did not find a mitigating circumstance."
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Requires the Supreme Court to determine that any remaining aggravating circumstance exists beyond a reasonable doubt and justifies a death sentence beyond a reasonable doubt when conducting harmless error review.
Legislative Description
Amending The Burden Of Proof Required During The Sentencing Phase Of A Trial When The State Seeks The Death Penalty.
Last Action
Died in House Committee at Sine Die Adjournment
5/1/2017