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WV SB1068

Bill

Official Source

Status

Introduced

2/23/2026

Primary Sponsor

Mike Azinger

Click for details

Origin

Senate

2026 Regular Session

AI Summary

  • Reinstates the death penalty in West Virginia by repealing the state's 2013 abolition of capital punishment (§61-11-2)
  • Authorizes death sentences for first-degree murder when the victim is a minor 16 years of age or younger
  • Extends death penalty eligibility to first-degree sexual assault convictions when the victim is 16 years or younger and the perpetrator is 18 or older
  • Requires physical evidence (such as forensic DNA) or an uncoerced confession to establish aggravating circumstances; circumstantial evidence alone is insufficient
  • Mandates a separate sentencing hearing after conviction where the jury must unanimously agree on the death penalty; failure to reach unanimity results in life imprisonment without parole for murder cases

Legislative Description

Permitting death penalty for murder of minors 16 years or younger

Crime

Last Action

To Judiciary

2/23/2026

Committee Referrals

Judiciary2/23/2026

Full Bill Text

No bill text available