HB3495 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, when the defendant knew or should have known the victim was a peace officer.

• Creates the Capital Crimes Litigation Act of 2023 and establishes the Capital Litigation Trust Fund to provide funding and resources for capital case prosecution and defense, including expert witnesses, investigators, and mitigation specialists.

• Requires appointment of qualified trial counsel in capital cases and prohibits the State Appellate Defender from serving as trial counsel, though the office may provide assistance to trial attorneys through funded units.

• Sets compensation for appointed trial counsel at a maximum of $125 per hour (adjusted annually for inflation) and establishes procedures for litigation budgets, petitions for expenses, and court certification of reasonable costs.

• Transfers all unobligated moneys from the Death Penalty Abolition Fund into the Capital Litigation Trust Fund and makes capital case budgets and compensation petitions exempt from Freedom of Information requests until trial conclusion.