SENATE CONCURRENT RESOLUTION 37

(By Senators Azinger, Deeds, Hamilton, Martin, Maynard, Stuart, Swope, and Taylor)

[Originating in the Committee on the Judiciary; reported March 7, 2024]

Requesting the Joint Committee on Government and Finance study the viability of reinstating capital punishment.

Whereas, West Virginia used capital punishment from 1863 to 1959 executing 111 persons by the methods of hanging, injection, and electrocution. West Virginia was the last state to abolish the death penalty in 1965 before the Supreme Court case of Furman v. Georgia.   

Whereas, a number of members of the Legislature and their constituents have expressed interest in the viability of reinstating capital punishment.

Whereas, since West Virginia abolished the death penalty, there have been numerous changes in the requirements for procedures and safeguards which must be in place to have a death penalty process which is constitutional.

Whereas, in exploring the concept, the Legislature would like to receive additional information and input from the public, the Division of Corrections and Rehabilitation, the judiciary, the Prosecuting Attorneys Institute, Public Defender Services, the Division of Regulatory and

Fiscal Affairs, and the West Virginia Sentencing Commission.

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the viability of reinstating capital punishment; and, be it

Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study the cost and need for capital punishment in West Virginia; and, be it

 Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2025, its findings, conclusions, and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report, and to draft necessary legislation be paid from legislative appropriations to the Joint Standing Committee on the Judiciary.