SF0020 - Life without parole.
|
2001 |
State of Wyoming |
01LSO-0047 |
SENATE FILE NO. SF0020
Life without parole.
Sponsored by: Senator(s) Massie and Hanes and
Representative(s)
Boswell and Nicholas
A BILL
for
1 AN ACT relating to
crimes and offenses; adding life
2 imprisonment
without parole as an alternative penalty for
3
murder in the first degree; limiting commutation of a death
4
sentence to a sentence of life without parole; and
5
providing for an effective date.
6
7 Be It Enacted by the Legislature of the State of Wyoming:
8
9 Section 1. W.S. 7-13-807 is created to read:
10
11 7-13-807. Commutation of death sentences.
12
13 Pursuant to article 3, section 53 of the
Wyoming
14 constitution, a death sentence may be
commuted to a
15 sentence of life imprisonment without parole
but that
16 sentence shall not be subject to further
commutation.
Page 1
1
2 Section
2. W.S. 6-2-101(b) and by creating
a new
3
subsection (c), 6-2-102(a)(intro), (b), (d)(ii) and
4
(e)(intro) and 6-2-103(e)(ii) are amended to read:
5
6 6-2-101. Murder in the first degree; penalty.
7
8 (b) A person
convicted of murder in the first degree
9
shall be punished by death, life imprisonment
without
10 parole
or life imprisonment according to law, except that
11 no person shall be subject to the penalty of
death for any
12 murder committed before the defendant
attained the age of
13 sixteen (16) years.
14
15 (c) A person convicted of murder in the first degree
16 in
a case in which the state seeks the death penalty shall
17 be
sentenced in accordance with the provisions of W.S.
18 6-2-102. In all other cases, including any case in
which
19 the
state has determined not to seek the death penalty at
20 any
stage of the proceeding, the judge shall determine the
21 sentence
of life imprisonment without parole or life
22 imprisonment
taking into consideration any negotiated plea
23 agreement
and any evidence relevant to a determination of
24 sentence
which the court deems to have probative value.
Page 2
1
2 6-2-102. Presentence hearing for
murder in the first
3 degree; mitigating and
aggravating circumstances; effect of
4 error in hearing.
5
6 (a) Upon
conviction of a person for murder in the
7
first degree in a case in which the state
seeks the death
8 penalty, the judge shall conduct a separate
sentencing
9
hearing to determine whether the defendant should be
10 sentenced to death, life imprisonment without parole or
11 life imprisonment. The hearing shall be
conducted before
12 the judge alone if:
13
14 (b) In all
other cases the sentencing hearing shall
15 be conducted before the jury which
determined the
16 defendant's guilt or, if the judge for good
cause shown
17 discharges that jury, with a new jury
impaneled for that
18 purpose.
The jury shall be instructed that if the jury
19 does not
unanimously determine that the defendant should be
20 sentenced to
death, then the defendant shall be sentenced
21 to life
imprisonment without parole or life imprisonment.
22
23 (d) Upon
conclusion of the evidence and arguments the
24 judge shall give the jury appropriate
instructions,
Page 3
1
including instructions as to any aggravating or mitigating
2 circumstances,
as defined in subsections (h) and (j) of
3
this section, or proceed as provided by paragraph (iii) of
4
this subsection:
5
6 (ii) Based upon the considerations in paragraph
(i) of this subsection, the jury
shall unanimously
determine whether the defendant
should be sentenced to
death or life imprisonment. The
jury shall consider
10 aggravating and mitigating circumstances
unanimously found
11 to exist, and each individual juror may also
consider any
12 mitigating circumstances found by that juror
to exist. If
13 the jury reports
unanimous agreement to impose the sentence
14 of death, the
court shall discharge the jury and shall
15 impose the
sentence of death. If the jury is unable to
16 reach a unanimous
verdict imposing the sentence of death
17 within a
reasonable time, the court shall instruct the jury
18 to determine by a
unanimous vote whether the penalty of
19 life imprisonment
without parole shall be imposed. If the
20 jury is unable to
reach a unanimous verdict imposing the
21 penalty of life
imprisonment without parole within a
22 reasonable time,
the court shall discharge the jury and
23 impose the
sentence of life imprisonment;
24
Page 4
1 (e) The death
penalty shall not be imposed unless at
2
least one (1) of the aggravating circumstances set forth in
3
subsection (h) of this section is found. In nonjury cases
4 the
judge shall make such designation. If the jury cannot,
within a reasonable time, agree on the punishment to be
imposed, the judge shall impose a life sentence. The jury,
7 if
its verdict is a sentence of death, shall designate in
8
writing signed by the foreman of the jury:
9
10 6-2-103. Review of death sentences;
notice from clerk
11 of trial court; factors to be considered by supreme court;
12 disposition of appeal.
13
14 (e) In addition
to its authority regarding correction
15 of errors, the court, with regard to review
of death
16 sentences, may:
17
18 (ii) Set the
sentence aside and impose a
19 sentence of life
imprisonment without parole, or life
20 imprisonment; or
21
22 Section 3. W.S. 6-2-102(f) is repealed.
23
Page 5
1 Section 4.
This act is effective immediately upon
2 completion
of all acts necessary for a bill to become law
3 as
provided by Article 4, Section 8 of the Wyoming
4
Constitution.
5
6 (END)
Page 6