West Virginia legislation · 2026 Regular Session
West Virginia SB1037: Allowing death penalty for first degree murder during commission of sexual assault
Status: In committee, February 27, 2026
What the bill says
To amend and reenact §61-2-2 and §62-3-15 of the Code of West Virginia, 1931, as amended; to amend the code by adding twelve new sections, designated §61-2-2a, §61-2-2b, §61-2-2c, §61-2-2d, §61-2-2e, §61-2-2f, §61-2-2g, §61-2-2h, §62-7-4, §62-7-5, §62-7-6, §62-7-6a; and to repeal §61-11-2, relating to imposition of death penalty for first degree murder in the course of committing or attempting to commit sexual assault in the first degree; providing for sentencing procedures relating to imposition of death penalty; setting forth aggravating and mitigating circumstances for the imposition.
From the engrossed text, February 27, 2026:
A BILL to amend and reenact §61-2-2 and §62-3-15 of the Code of West Virginia, 1931, as amended; to amend the code by adding twelve new sections, designated §61-2-2a, §61-2-2b, §61-2-2c, §61-2-2d, §61-2-2e, §61-2-2f, §61-2-2g, §61-2-2h, §62-7-4, §62-7-5, §62-7-6, §62-7-6a; and to repeal §61-11-2, relating to imposition of death penalty for first degree murder in the course of committing or attempting to commit sexual assault in the first degree; providing for sentencing procedures relating to imposition of death penalty; setting forth aggravating and mitigating circumstances for the imposition of capital punishment; describing contents of sentencing verdict and requiring it be recorded; providing automatic review of death penalty sentence by the Supreme Court of Appeals; providing for forensic DNA testing in death penalty cases; permitting Governor to issue reprieve, pardon, or commutation of sentence in capital case; directing the Division of Corrections and Rehabilitation to carry out death sentence; authorizing Division of Corrections and Rehabilitation to promulgate rules and emergency rules; providing exception for death penalty sentence in murder cases; providing for the execution of death sentence; providing for delivery of sentence of death; providing for transmission of certain court records to warden of the state correctional facility; transferring of person sentenced to death to the state correctional facility; providing for presence of certain persons at execution; providing for record of …