SB 1037 West Virginia Senate · 2026 Regular Session

Allowing death penalty for first degree murder during commission of sexual assault

SB 1037 would allow the death penalty for first-degree murder committed during a sexual abuse conviction (in the first degree) when the victim is under 12 years old and the defendant is over 18. The bill requires prosecutors to notify the court and defendant within 45 days of arraignment if seeking the death penalty, including the specific reasons they will argue for it. It also establishes procedures for jury selection, sentencing, and automatic review of death penalty cases by the West Virginia Supreme Court of Appeals. The bill repeals West Virginia’s existing ban on the death penalty to permit this specific application.

Issues: ✗ Criminal Justice

Bill status in committee 1 of 4 stages cleared

Introduction

Feb 2026

Committee Review

Floor Vote

Governor

Introduced Feb 20, 2026 Last action Feb 27, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version → Committee Substitute · 6 edits

MODERATE

The bill was revised to expand its scope from a narrow focus on sexual assault murders to include all first-degree murders with specific aggravating circumstances. The text was significantly reorganized to add detailed procedures for jury selection, sentencing hearings, and automatic Supreme Court review, while also introducing new provisions for DNA testing and Governor's clemency powers.

Scope change

The bill's scope expanded from applying only to murders committed during sexual assault to applying to any first-degree murder where specific aggravating factors are proven.

SCOPE

The bill now applies to any first-degree murder with proven aggravating circumstances, rather than being limited to murders committed during sexual assault.

The Governor is explicitly authorized to issue pardons, reprieves, or commutations in capital cases.

REQUIREMENT

New sections establish specific jury selection procedures (20-person panel), separate sentencing hearings, and mandatory jury instructions regarding mitigating factors.

New provisions allow for forensic DNA testing in death penalty cases and require the state to preserve biological evidence.

ENFORCEMENT

Automatic review of death sentences by the Supreme Court of Appeals was added, requiring the court to determine if the sentence was arbitrary or disproportionate.

ELIGIBILITY

Mitigating circumstances such as age under 18, mental impairment, and duress were formally codified to influence sentencing decisions.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 27, 2026

Committee

To Finance

upper

Feb 27, 2026

Committee

Committee substitute reported, but first to Finance

upper

Feb 20, 2026

Committee

To Judiciary

upper

Feb 20, 2026

Introduced

Introduced in Senate

upper

Feb 20, 2026

Committee

To Judiciary then Finance

upper

1 primary · 3 co-sponsors