Death penalty reinstatement in WV mulled by legislators

Jan. 14—A bill to bring back the death penalty has been introduced in the West Virginia House of Delegates.

House Bill 2555, sponsored by Del. Geoff Foster, R-Putnam County, would amend the state Code to provide for a death penalty in some first-degree murder cases.

West Virginia abolished the death penalty in 1965 and the last execution was carried out in 1959.

Under the proposed bill, procedures are laid out for instances when a death penalty would be appropriate, including aggravating circumstances with no mitigating circumstances.

All capital punishment cases would have an automatic review by the state Supreme Court of Appeals.

According to the bill, aggravated circumstances include when the victim is a law enforcement officer, first-responder, parole officer or judicial officer killed in the line of duty; a contract murder; committing a murder while in the commission of a felony; the murder was especially heinous, atrocious or cruel, manifesting exceptoinal depravity; and the defendant has a significant history of felony convictions involving the use of violence to the person.

Mitigating circumstances for imposition of capital punishment for someone who is convicted of murder in the first degree include when the defendant has no significant history of prior criminal convictions; the defendant was under extreme mental duress at the time of the murder; the age of the defendant at the time of the murder; the defendant's participation in the murder was relatively minor; and any other evidence of mitigation concerning the character and record of the defendant and the circumstances of the murder.

The bill is now in the House Judiciary Committee.

Area legislators generally support reinstating the death penalty.

"There are a few crimes I think justify the death penalty," Sen. Chandler Swope, R-6th District, said. "I haven't seen the bill but might be able to vote for it if it's not too broad."

Del. Joe Ellington, R-Mercer County, said he "probably" would support it "for certain cases" if it makes it to the House floor for a vote.

House Majority Whip Del. Marty Gearheart, R-Mercer County, said he would also support it for limited cases.

Del. Doug Smith, R-Mercer County, said he would support HB 2555, but would make one change.

"I would like to see an additional aggravating circumstance added for imposition of capital punishment," he said. "That being, 'The death of the victim occurred during a first-degree sexual assault.'"

The bill also says that in order for capital punishment to be considered, forensic deoxyribonucleic acid (DNA) testing of biological material must be part of the case.

The execution of the death sentence would be by lethal injection.

All executions carried out in West Virginia before 1950 were hangings. This changed with the introduction of the electric chair, which became the new method of execution in 1951.

According to the Death Penalty Information Center, prior to 1899, executions in West Virginia were public and were carried out at the county level with minimal state involvement. Starting in 1899, all executions were carried out privately in the West Virginia Penitentiary.

If the bill passes, West Virginia would be the 28th state to allow capital punishment.

Other legislative action so far this session, which began Wednesday, included:

—The Senate passed Senate Bill 128 and Senate Bill 129, which are aimed at addressing the Governor's authority relating to declaring a state of emergency or preparedness and the authority of the Governor to spend unanticipated federal funds without Legislative appropriation.

—Senate Bill 34 would provide for the establishment of an 80 miles per hour speed limit on interstate highways and four-lane limited access highways in this state; and providing an exception for portions of those highways passing through city limits.

The bill has been sent to the Transportation and Infrastructure Committee.

—Senate Bill 155 would require medical professionals to report to the Bureau for Public Health all injuries and side effects from vaccines. and requiring the Commissioner of the Bureau for Public Health to produce an annual report for the Legislature. The bill also requires medical professionals to receive periodic training relating to side effects from vaccines, and that the Commissioner make reports available to individuals and parents concerning adverse impact from vaccines.

The bill was referred to the Committee on Health and Human Resources.

—Senate Bill 158 would establish that 18 years of age is the age of capacity and consent to marry; and removing the ability of a person under 18 years of age to obtain a marriage license and marry with consent of their parents, legal guardians, or by petition to the circuit court.

The bill has been referred to the Judiciary Committee.

—Senate Bill 216 would require all schools to instruct students on the Holocaust and other genocides.

That bill is in the Education Committee.

—House Bill 2542 would make it illegal for any state employee to access TikTok through a government device.

The bill has been sent to the Government Organization Committee.

—House Bill 2549 would permit teachers in K-12 schools to be authorized to carry concealed firearms as a designated school protection officer.

The bill was referred to the Education Committee, then to the Judiciary Committee.

— Contact Charles Boothe at cboothe@bdtonline.com

Contact Charles Boothe at cboothe@bdtonline.com