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Changes To Death Penalty Trials

Concerning modifying the procedure for sentencing in class 1 felonies when the death penalty is sought.
2016 Regular Session
Crimes, Corrections, & Enforcement
Bill Summary

The bill changes the process for sentencing for class 1 felonies when the death penalty is sought. The bill creates an aggravation phase at which the prosecution must prove one or more aggravating circumstances beyond a reasonable doubt to the unanimous satisfaction of a jury. The bill also creates a penalty phase at which the defendant has the burden to prove one or more mitigating circumstances by a preponderance of evidence, and the jury determines unanimously whether the mitigating circumstances call for leniency. The bill also establishes a procedure for a retrial of the aggravation phase and the penalty phase in the event the jury cannot reach a unanimous verdict.

(Note: This summary applies to this bill as introduced.)




Bill Text


Sponsor Type Legislators
Prime Sponsor

Rep. K. Ransom



The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details