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AR HB1798

Bill

Status

Failed

5/1/2017

Primary Sponsor

Charles Blake

Click for details

Origin

House of Representatives

91st General Assembly (2017 Regular)

AI Summary

  • 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.

  • 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.

  • Changes the harmless error review trigger from "the jury found no mitigating circumstance" to "the jury did not find a mitigating circumstance."

  • 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

Committee Referrals

Judiciary3/2/2017

Full Bill Text

No bill text available