SB 264 West Virginia Senate · 2025 Regular Session

Allowing death penalty for intentionally killing law-enforcement officer or first responder in line of duty

SB 264 amends West Virginia law to allow the death penalty for individuals convicted of intentionally killing a law-enforcement officer or emergency responder while they are performing their official duties. The bill specifically adds this scenario as an aggravating circumstance that must be proven beyond a reasonable doubt, requiring direct evidence like witness testimony or DNA, not just circumstantial proof. It defines "emergency responder" to include firefighters and emergency medical personnel. This change applies only to first-degree murder cases where the victim was a qualified officer or responder on duty, and it mandates jury unanimity for death penalty sentencing while requiring consideration of mitigating factors. The bill does not change existing death penalty eligibility for other murder cases.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 12, 2025 Last action Mar 7, 2025
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What changed between versions

Introduced Version Committee Substitute · 6 edits
MODERATE
This bill amends West Virginia's death penalty laws to create specific procedures for imposing the death penalty when a law enforcement officer or first responder is intentionally killed in the line of duty. It establishes aggravating and mitigating circumstances for sentencing, mandates automatic review of death sentences by the Supreme Court of Appeals, provides for forensic DNA testing in death penalty cases, and outlines the execution process including rules for the Division of Corrections and Rehabilitation.
Scope change
The bill narrows the death penalty application to cases involving intentional killing of law enforcement officers or first responders while on duty, replacing the previous broader death penalty provisions with more specific criteria and procedures.
ELIGIBILITY

Created new aggravating circumstance requiring intentional killing of law enforcement officers or emergency responders in the performance of official duties, with specific definitions for both terms.

Repealed previous death penalty provisions that allowed capital punishment for first-degree murder without the specific law enforcement victim requirement.

REQUIREMENT

Established mandatory automatic review of death penalty sentences by the Supreme Court of Appeals to ensure the sentence was not influenced by passion, prejudice, or arbitrary factors.

Authorized forensic DNA testing in death penalty cases with state funding for indigent applicants when testing may produce exculpatory evidence.

ENFORCEMENT

Transferred authority for carrying out death sentences from the penitentiary to the Division of Corrections and Rehabilitation, with the warden or Commissioner serving as executioner.

DEFINITION

Defined 'emergency responder' to include paid or volunteer firefighters, emergency services personnel, and those authorized to respond to public safety or emergency medical calls.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
6
Key actions
1
Committee
4
Mar 7, 2025
Committee
To Finance
upper
Mar 7, 2025
Upper · Passed
Committee substitute reported, but first to Finance
upper
Feb 12, 2025
Committee
To Judiciary
upper
Feb 12, 2025
Introduced
Introduced in Senate
upper
Feb 12, 2025
Committee
To Judiciary then Finance
upper
1 primary · 4 co-sponsors

Sponsors