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WV SB783
Bill
Status
Introduced
2/5/2026
Primary Sponsor
Brian Helton
Click for details
AI Summary
- Creates a new capital felony offense for sexual battery upon a child under 12 years old, or injuring the sexual organs of a child under 12 during an attempted sexual battery, punishable by death or life imprisonment without parole
- Requires a separate sentencing proceeding where a jury must unanimously find at least two aggravating factors beyond a reasonable doubt before a defendant becomes eligible for the death penalty
- Establishes aggravating factors including: defendant is a registered sex offender or designated sexual predator, or knowingly created great risk of death showing reckless disregard for human life
- Lists mitigating circumstances including no significant criminal history, extreme mental/emotional disturbance, minor participation as accomplice, acting under duress, impaired capacity, and defendant's age
- Explicitly challenges the U.S. Supreme Court's Kennedy v. Louisiana (2008) decision, declaring it "wrongly decided," and applies to offenses committed on or after January 1, 2027
Legislative Description
Relating to sentence of death or life imprisonment for capital sexual battery
Crime
Last Action
To Judiciary
2/5/2026
Committee Referrals
Judiciary2/5/2026
Full Bill Text
No bill text available