WV SB264

Reinstates the death penalty in West Virginia specifically for first-degree murder of law-enforcement officers or emergency responders killed while performing their official duties, when the defendant knew or had reason to know the victim's status

Requires aggravating circumstances to be proven beyond a reasonable doubt with non-circumstantial evidence such as forensic DNA, witness testimony, or an uncoerced confession before a death sentence can be imposed

Establishes mitigating circumstances the jury must consider, including extreme mental or emotional disturbance, impaired capacity, being under age 18, acting under duress, or other character and circumstance factors

Mandates automatic review of all death sentences by the West Virginia Supreme Court of Appeals to determine whether the sentence was influenced by passion, prejudice, or arbitrary factors, and whether it is proportionate to similar cases

Authorizes the Division of Corrections and Rehabilitation to promulgate rules for carrying out executions by lethal injection or firing squad within state correctional facilities, and provides defendants with ongoing access to DNA testing that could produce exculpatory evidence