HB4474 Summary

• Restores the death penalty for first-degree murder of a peace officer killed while performing official duties, to prevent performance of duties, or in retaliation for performing duties, if the defendant knew or should have known the victim was a peace officer.

• Creates the Capital Litigation Trust Fund administered by the State Treasurer to provide funding for prosecution and defense of capital cases, including compensation for trial counsel at a maximum rate of $125 per hour and expenses for expert witnesses, investigators, and mitigation specialists.

• Establishes the Capital Crimes Litigation Act of 2022 with procedures for appointing trial counsel in capital cases and requires courts to approve litigation budgets prior to engaging trial assistance.

• Transfers all unobligated and unexpended moneys from the Death Penalty Abolition Fund into the Capital Litigation Trust Fund and requires annual appropriations from the General Assembly to support capital case expenses.

• Amends the State Appellate Defender Act to authorize the State Appellate Defender to provide trial counsel with legal assistance, expert witnesses, investigators, and mitigation specialists in capital cases using dedicated Trust Fund appropriations.