WV SB1037

Repeals West Virginia's prohibition on capital punishment and reinstates the death penalty for first-degree murder when combined with first-degree sexual abuse where the defendant is over 18 and the victim is under 12

Requires prosecutors to provide written notice within 45 days of arraignment if seeking the death penalty, including a list of aggravating factors to be proven

Establishes a separate sentencing proceeding where at least 8 of 12 jurors must recommend death, and the court must find at least two aggravating factors proven beyond a reasonable doubt

Lists eight aggravating factors (prior felony, violence history, registered sex offender status, firearm use, pecuniary gain, heinous nature, vulnerable victim, protection order violation) and eight mitigating circumstances

Mandates automatic review by the West Virginia Supreme Court of Appeals within two years, DNA testing rights for death row inmates, and authorizes execution by lethal injection or firing squad