AR HB1731

Amends Arkansas Code § 5-4-602 to change "capital murder" terminology from "felony" to "felony charge" in capital murder trial procedures.

Allows prosecutors to elect either life without parole sentencing or impaneling a new sentencing jury when a capital case is remanded after vacation of a death sentence or when mistrial is declared during sentencing.

Permits trial courts to impose life without parole sentences without a hearing in remanded capital cases or mistrials during sentencing phase, provided the prosecutor makes the election.

Requires a new jury be impaneled for any new sentencing proceeding, governed by existing sentencing provisions in Arkansas Code §§ 5-4-602(4) and (5) and §§ 5-4-603 through 5-4-605.

Makes these procedural provisions retroactively applicable to any defendant sentenced to death after January 1, 1974, while preserving the requirement that the same jury sit in both guilt and sentencing phases of the original trial.