Changes To Death Penalty Trials

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.)