WV HB4661

Reinstates the death penalty in West Virginia specifically for the intentional killing of a law-enforcement officer or first responder while they are performing their duties

Requires aggravating circumstances to be proven beyond a reasonable doubt and supported by physical evidence such as forensic DNA or an uncoerced confession, not circumstantial evidence alone

Establishes mitigating circumstances that can preclude the death penalty, including extreme mental disturbance, impaired capacity, being age 17 or younger, or having relatively minor participation in the crime

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

Authorizes execution by lethal injection or firing squad, to occur no sooner than three months after sentencing at a state correctional facility, and guarantees DNA testing rights for death row inmates at any time after conviction