HB4746 Summary: Death Penalty Restoration for Police Officer Murders

• 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.

• Enacts the Capital Crimes Litigation Act of 2022 to provide funding and resources for capital cases, including creation of the Capital Litigation Trust Fund administered by the State Treasurer.

• Establishes compensation for court-appointed trial counsel in capital cases at up to $125 per hour (adjusted annually for inflation) and covers reasonable litigation expenses including investigators, expert witnesses, and mitigation specialists.

• Requires the State Appellate Defender to provide assistance to trial counsel and represent petitioners in post-conviction proceedings in capital cases using funds from the Capital Litigation Trust Fund.

• Transfers all unobligated moneys from the Death Penalty Abolition Fund to the Capital Litigation Trust Fund to support both prosecution and defense of capital cases.