Facts & Research

Recent Legislative Activity

State legislatures and U.S. Congress frequently consider bills addressing death-penalty issues, including legislation to repeal capital punishment, reform it, or expand it.

Below are important pieces of death penalty legislation that have recently passed or are currently being considered. (DPI welcomes additions and suggestions via email.)

Open Sessions


California

Regular: December 5, 2022 — November 30, 2024

Number(s) Description Events Type Status

Would codify case law exempting those with intellectual disability from the death penalty and clarify the definition of intellectual disability.

  • Introduced February 1, 2024. Sponsored by: Nancy Skinner (D).
  • Passed committee vote on March 19, 2024. 4 votes for, 0 votes against.
  • Passed Senate on May 21, 2024. 28 votes for, 8 votes against.
  • Introduced May 22, 2024. Received in House
  • Referred to House Committee on Public Safety on June 3, 2024.
  • Passed committee vote on July 3, 2024. 6 votes for, 1 votes against.
  • Passed House on August 26, 2024. 57 votes for, 12 votes against, 10 abstentions.
  • Passed Senate on August 27, 2024. 30 votes for, 9 votes against, 1 abstentions.
  • Signed by Gavin Newsom on September 28, 2024.
  • Final passage September 28, 2024. Becomes effective on January 1, 2025.
Limits Death Eligibility Enacted

Would add murder of a child under age 12 as an aggravating circumstance

  • Introduced February 15, 2023. Sponsored by: Shannon Grove (R).
  • Referred to House Committee on Rules on February 22, 2023.
  • Referred to on February 1, 2024. In accordance with Joint Rule 56, bills that do not become "carryover bills" by January 31st are returned to the Secretary of the Senate.
Expands Aggravating Circumstances Failed

Would make a defendant ineligible for the death penalty IF the court finds there was a violation of subdivision (a) of Section 745 of the Penal Code, which prohibits conviction or sentencing based on race, ethnicity, or national origin. 

  • Introduced February 15, 2023. Sponsored by: Ash Kalra (D).
  • Referred to House Committee on Public Safety on March 2, 2023.
  • Passed House on April 10, 2023. 65 votes for, 0 votes against.
  • Introduced April 10, 2023.
  • Referred to Senate Committee on Public Safety on May 3, 2023.
  • Passed Senate on September 5, 2023. 37 votes for, 0 votes against.
  • Passed House on September 7, 2023. 76 votes for, 0 votes against, 4 abstentions. passed with Senate amendments
  • Signed by Gavin Newsom on October 8, 2023.
Limits Death Eligibility Enacted

This bill would (among other things unrelated to the death penalty) require the court to electronically transmit to the Governor, in a mutually agreed upon format, the statement of the conviction and judgment, the certified copies of the order of judgment, and the warrant. The bill would eliminate the requirement that the court provide a complete transcript of the testimony given at trial and the copy of the clerk’s transcript when a judgment of death is had.

  • Introduced January 9, 2023. Sponsored by: Philip Y. Ting (D).
  • Referred to Assembly Committee on Budget on January 26, 2023.
  • Passed House on March 20, 2023. 61 votes for, 17 votes against. Assembly suspended Assembly Rule 96, withdrew the bill from the committee, and ordered it to a second reading.
  • Passed House on March 23, 2023. 60 votes for, 14 votes against.
  • Introduced March 23, 2023.
  • Referred to Senate Committee on Rules on March 23, 2023.
  • Referred to Senate Committee on Budget and Fiscal Review on April 12, 2023.
  • Passed committee vote on June 26, 2024. 13 votes for, 5 votes against.
  • Passed Senate on June 26, 2024. 31 votes for, 8 votes against.
  • Signed by Gavin Newsom on July 2, 2024.
Other Enacted

Illinois

Regular: January 11, 2023 — January 5, 2025

Number(s) Description Events Type Status

Would allow the death penalty for murders committed in or on the grounds of a religious institution, public or private school, community college, college, university, child care facility, or a public place by someone at least 18 years of age.

  • Introduced January 26, 2024. Sponsored by: La Shawn Ford (D).
  • Referred to House Rules Committee on January 31, 2024.
Reinstatement Bill Pending

Would reinstate the death penalty.

  • SB2151 Introduced February 10, 2023. Chaplin Rose (R)
  • SB2145 introduced February 9, 2023. Sen. Andrew Chesney (R)
  • SB2114 introduced February 9, 2023. Sen. Neil Anderson (R)
  • SB1596 introduced February 8, 2023. Sen. Jason Plummer (R)
Reinstatement Bill Pending

Would reinstate the death penalty for first degree murder of a peace officer.

  • Introduced February 17, 2023. Sponsored by: Dave Severin (R).
  • Referred to House Criminal Administration and Enforcement Subcommittee on March 7, 2023.
  • Referred to House Rules Committee on March 10, 2023.
  • Referred to House Judiciary Committee on February 28, 2024.
  • Referred to House Rules Committee on April 5, 2024. re-referred
Reinstatement Bill Pending

Would reinstate the death penalty and related procedures for the killing of a police officer in the course of official duties.

  • Introduced May 19, 2023. Sponsored by: Mike Porfirio (D).
  • Referred to Senate Assignments Committee on May 19, 2023.
Reinstatement Bill Pending

Would reinstate the death penalty for the killing of a person in or on the grounds of a religious institution, public or private school, community college, college, university, child care facility, or a public place. Reestablishes related capital procedures.

  • Introduced January 26, 2023. Sponsored by: La Shawn K. Ford (D).
  • Referred to Senate Rules Committee on January 31, 2023.
Reinstatement Bill Pending

Would reinstate the death penalty as punishment for the murder of a peace officer or correction facility employee killed while performing their duties and reestablishes capital punishment processes.

  • Introduced February 9, 2024. Sponsored by: Jason Plummer (R).
  • Referred to Senate Assignments on February 9, 2024.
Reinstatement Bill Pending

Updates existing criminal codes to remove mentions related to capital punishment.

  • Introduced February 17, 2023. Sponsored by: Will Guzzardi (D).
  • Referred to House Judiciary Committee on February 28, 2023.
  • Passed House on March 24, 2023. 66 votes for, 36 votes against.
  • Introduced March 27, 2023. Senator Rachel Ventura (D) and Senator Willie Preston (D)
  • Passed Senate on May 4, 2023. 37 votes for, 19 votes against.
  • Signed by JB Pritzker (D) on June 9, 2023.
  • Final passage June 9, 2023. Became effective on January 1, 2024.
Other Enacted

Would establish the Capital Crimes Litigation Act of 2024, which would reinstate the death penalty for first-degree murder of a peace officer, firefighter, emergency medical personnel, or correctional facility employee killed while performing official duties and accordingly establish legal processes for capital representation and appeals.

  • Introduced February 6, 2024. Sponsored by: Neil Anderson (R).
  • Referred to Senate Committee on Assignments on February 6, 2024.
Reinstatement Bill Pending

Would eliminate a provision abolishing the death penalty, modify aggravating factors, and transfer remaining funds from the Death Penalty Abolition Fund to reestablish a Capital Litigation Trust Fund.

  • Introduced January 3, 2024. Sponsored by: John Cabello (R).
  • Referred to House Rules Committee on January 16, 2024.
Reinstatement Bill Pending

Massachusetts

Regular: January 4, 2023 — December 31, 2024

Number(s) Description Events Type Status

Would reintroduce the death penalty for the murder of law enforcement officers.

  • Introduced February 16, 2023. Sponsored by Rep. David DeCoste (R), Rep. Alyson Sullivan-Almeida (R), Rep. Michael Soter (R), and Rep. Steven Xiarhos (R)
  • Referred to House Judiciary Committee on February 16, 2023.
Reinstatement Bill Pending

New York

Regular: January 4, 2024 — January 2, 2025

Number(s) Description Events Type Status

Requires that all felony offenders shall be eligible for parole after serving no more than twenty-five years of their sentence; eliminates the possibility of serving consecutive terms of imprisonment which exceed a twenty-five year sentence. 

  • A00854 Introduced January 11, 2023. Sponsored by: Robert Carroll (D).
  • S01922 introduced January 17, 2023. Sponsored by: Luis Sepulveda (D).
  • A00854 Referred to Codes on January 3, 2024.
Modifies Sentencing Process Pending

Relates to commission of murder in the first degree; provides that sentence for commission of certain provisions of murder in the first degree is death or life without parole. 

  • S01271 Introduced January 11, 2023. Sponsored by: Robert G. Ortt (R).
  • A03906 introduced February 8, 2023.
  • S01271 Referred to Codes on January 3, 2024.
Reinstatement Bill Pending

Provides that sentence for commission of certain provisions of murder in the first degree is death or life without parole. 

  • Introduced February 3, 2023. Sponsored by: Joe DeStefano (R).
  • Referred to House Codes on January 3, 2024.
Reinstatement Bill Pending

Provides that the sentence for committing murder in the first degree when the victim is a police officer, peace officer or correction officer shall be either death or life imprisonment without parole

  • Introduced April 6, 2023. Sponsored by: Alec Brook-Krasny (R). Cosponsors: Lester Chang (R) .
  • Referred to House Codes on April 6, 2023. Held for consideration in codes on May 23, 2023.
  • Referred to House Codes. on January 3, 2024.
Reinstatement Bill Pending

Relates to consideration of the death penalty for the commission of certain provisions of murder in the first degree. 

  • A02193 Introduced January 23, 2023. Sponsored by: Marianne Buttenschon (D).
  • S01830 introduced January 17, 2023. Sponsored by: Joseph Griffo (R).
  • A02193 Referred to House Codes on January 23, 2023.
Reinstatement Bill Pending

Ends the imposition of a sentence of life without parole and the death penalty.

  • A02111 Introduced January 23, 2023. Sponsored by: Robert Carroll (D).
  • S04908 introduced February 17, 2023. Sen. Luis R. Sepúlveda (D) and Julia Salazar (D)
  • A02111 Referred to House Codes on January 23, 2023.
  • A02111 Referred to House Codes again on January 3, 2024.
Abolition Bill Pending

Ohio

Regular: January 2, 2023 — December 31, 2024

Number(s) Description Events Type Status

Would add nitrogen hypoxia as a method of execution; prisoners could elect to use the method, but nitrogen hypoxia would be used if lethal injection is unavailable.

  • Introduced February 1, 2024. Primarily sponsored by Rep. Brian Stewart (R) and Rep. Phil Plummer (R).
  • Referred to House Government Oversight Committee on February 6, 2024.
  • Committee Hearing on April 9, 2024. . Government Oversight Committee
  • Committee Hearing on May 21, 2024. . Government Oversight Committee
Modifies Execution Protocol Pending

Would abolish the death penalty. 

  • SB 101 Introduced March 29, 2023. Primarily sponsored by Sen. Nickie Antonio (D) and Sen. Matt Huffman (R), as well as 10 co-sponsors.
  • HB 259 introduced September 12, 2023. Primarily sponsored by Rep. Schmidt (R) and Rep. Miller (D), and 13 co-sponsors (8 Democrats and 5 Republicans). Referred to Finance Committee on September 26, 2023. Finance Committee held hearings on October 4 and 11, 2023.
  • SB 101 Referred to Senate Judiciary on April 19, 2023.
  • SB 101 Committee Hearing on May 9, 2023. .
  • SB 101 Committee Hearing on November 15, 2023. .
Abolition Bill Pending

Would prohibit the state from using nitrogen gas as an execution method.

  • Introduced May 15, 2024. Primarily sponsored by Rep. Munira Abdullahi (D) and Rep. Adam C. Miller (D), as well as 11 co-sponsors (10 Democrats and 1 Republican)
  • Referred to House Government Oversight Committee on May 21, 2024.
Modifies Execution Protocol Pending

Pennsylvania

Regular: January 3, 2023 — November 30, 2024

Number(s) Description Events Type Status

Would provide compensation and services to those wrongfully to victims of wrongful conviction and imprisonment in Pennsylvania.

  • Introduced June 21, 2023. Sponsored by: Regina Young (D).
  • Referred to Judiciary Committee on June 21, 2023.
  • Passed committee vote on October 3, 2023. 25 votes for, 0 votes against.
Wrongful Conviction Compensation Bill Pending

Would require jurors to unanimously find that aggravating circumstances outweigh mitigating circumstances beyond a reasonable doubt in order for a death sentence to be imposed.

  • Introduced March 28, 2023. Sponsored by: Timothy Bonner (R).
  • Referred to Judiciary Committee on March 28, 2023.
  • Passed committee vote on October 31, 2023. 25 votes for, 0 votes against.
Modifies Sentencing Process Pending

Would repeal the death penalty. 

  • Introduced April 17, 2023. Sponsored by: Chris Rabb (D).
  • Referred to House Judiciary on April 17, 2023.
  • Passed committee vote on October 31, 2023. 15 votes for, 10 votes against.
Abolition Bill Pending

Would repeal the death penalty.

  • Introduced April 17, 2023. Sponsored by: Katie J. Muth (D).
  • Referred to Senate Judiciary Committee on April 17, 2023.
Abolition Bill Pending

Would allow for the death penalty for convicted Human Traffickers of children.

  • Introduced November 9, 2023. Sponsored by: Doug Mastriano (R).
  • Referred to Senate Judiciary on November 9, 2023.
Expands Death Eligibility Pending

Would allow for the death penalty and the chemical castration of child rapists.

  • Introduced December 12, 2023. Sponsored by: Ryan Warner (R).
  • Referred to House Judiciary Committee on December 12, 2023.
Expands Death Eligibility Pending

Sessions Closed This Year


Alabama

Regular: February 6, 2024 — May 7, 2024

Number(s) Description Events Type Status

Would prohibit the use of nitrogen hypoxia as an execution method.

  • Introduced February 27, 2024. Sponsored by Reps. Rafferty (D), England (D), Clarke (D), Lawrence (D), Drummond (D), Hassell (D), Ensler (D), Jackson (D), Jones (D), Tillman (D), and Hendrix (D)
Modifies Execution Protocol Session Closed Without Passage

Prior to 2017, judicial override — the judge implementing a decision contrary to the jury’s recommendation — was permitted. This bill would allow defendants sentenced to death via judicial override to be resentenced.

  • Introduced December 1, 2023. Sponsored by: Chris England (D).
  • Referred to House Judiciary Committee on February 6, 2024.
Modifies Sentencing Process Session Closed Without Passage

Arizona

Regular: January 8, 2024 — April 26, 2024

Number(s) Description Events Type Status

Would repeal the state's felony murder rule, which currently allows individuals to be charged with murder if someone dies during the commission of certain felonies, even if they were not directly responsible for the murder. The bill would also provide opportunities for those convicted under the statute to be resentenced.

  • Introduced February 1, 2024. Sponsored by: Anna Hernandez (D).
  • Referred to Senate Judiciary Committee on February 1, 2024.
  • Referred to Senate Rules Committee on February 1, 2024.
Limits Death Eligibility Session Closed Without Passage

Would amend the constitution as follows:

  • Require the Attorney General to request a writ of execution within 30 days of a death-setenced prisoner exhausting the first petition for postconviction relief or the time to file such a petition has expired and the person has exhausted all appeals at the state and federal court levels
  • If the attorney general fails to request a writ of execution, the county attorney (for the county in which the person was convicted) shall request the writ of execution.
  • The Governor and the state department of corrections shall complete the execution within thirty days after receiving writ of execution.
  • The Governor and the attorney general shall be liable to impeachment for failing to comply with this section.
  • Introduced January 23, 2024. Sponsored by: Leo Biasiucci (R).
  • Referred to House Judiciary Committee on January 23, 2024.
  • Referred to House Rules Committee on January 24, 2024.
Other Session Closed Without Passage

Would eliminate the death penalty.

  • Introduced February 8, 2024. Sponsored by: Patricia Contreras (D).
  • Referred to House Judiciary Committee on February 8, 2024.
  • Referred to House Rules Committee on February 8, 2024.
Abolition Bill Session Closed Without Passage

Arkansas

Regular: January 8, 2024 — May 1, 2024

Delaware

Regular: January 10, 2023 — June 30, 2024

Number(s) Description Events Type Status

Would eliminate the death penalty and resentence those convicted of first-degree murder committed after 18 years of age to life without parole.

  • Introduced January 25, 2023. Sponsored by: Sherry Dorsey Walker (D).
  • Passed committee vote on March 20, 2024. 3 favorable votes, 3 on its merits, and 0 unfavorable
  • Passed House on June 18, 2024. 33 votes for, 8 votes against.
  • Introduced June 18, 2024.
  • Referred to Senate Judiciary Committee on June 18, 2024.
  • Passed committee vote on June 26, 2024. 4 votes for, 0 votes against. reported out of committee with 4 favorable votes from 7 members
  • Passed Senate on June 27, 2024. 14 votes for, 7 votes against. Sent to Governor's office.
  • Signed by John Carney on September 26, 2024.
  • Final passage September 26, 2024. Became effective on September 26, 2024.
Abolition Bill Enacted

Would modify the state constitution to eliminate the death penalty.

  • Introduced February 29, 2024. Sponsored by: Sean Lynn (D).
  • Referred to House Administration Committee on February 29, 2024.
  • Passed committee vote on March 20, 2024. 1 favorable vote, 4 votes on its merits, and 0 unfavorable votes
  • Failed House on June 30, 2024. 15 votes for, 24 votes against, 2 abstentions. Defeated in House; no further action
Abolition Bill Session Closed Without Passage

Would amend the state's existing death penalty law that was deemed unconstitutional by the Delaware Supreme Court in 2016 to align with various constitutional standards, thereby reintroducing capital punishment in the state. 

  • Introduced May 9, 2023. Cosponsors: Eric Buckson (R) , Daniel Short (R) .
  • Referred to Senate Judiciary Committee on May 9, 2023.
Reinstatement Bill Session Closed Without Passage

Florida

Regular: January 9, 2024 — March 8, 2024

Georgia

Regular: January 9, 2023 — April 2, 2024

Number(s) Description Events Type Status

Would provide pretrial proceedings when the accused has an intellectual disability in capital offense cases where the death penalty is sought.

  • Introduced January 24, 2024. Primarily sponsored by Reps. Werkheiser (R), Reeves (R), Silcox (R), Holcomb (D), Smith (R), and Gunter (R).
Other Session Closed Without Passage

Hawaii

Regular: January 17, 2024 — May 3, 2024

Number(s) Description Events Type Status

Provides for a sentence of death or life imprisonment without possibility of parole upon conviction for sex trafficking of a minor. Requires separate sentencing proceedings after conviction before a jury. 

  • Introduced January 19, 2024. Sponsored by Rep. Elijah Pierick (R) and Rep. Diamond Garcia (R)
  • Referred to House Committee on Judiciary & Hawaiian Affairs on January 24, 2024.
Reinstatement Bill Session Closed Without Passage

Idaho

Regular: January 8, 2024 — March 29, 2024

Number(s) Description Events Type Status

Would allow a capital sentence for lewd conduct with a minor under 12 if there are aggravating circumstances.

  • Introduced January 18, 2024. Sponsored by: Josh Tanner (R). Cosponsors: Bruce Skaug (R) .
  • Referred to House Judiciary, Rules & Administration Committee on January 19, 2024.
Expands Aggravating Circumstances Session Closed Without Passage

Would make lewd conduct with a minor child under 12 years of age eligible for a death sentence.

  • Introduced February 8, 2024. Sponsored by Representative Cornilles (R)
  • Passed House on February 13, 2024. 57 votes for, 11 votes against, 2 abstentions.
  • Introduced February 14, 2024. Sponsored by Senator Adams (R) and Senator Trakel (R)
Expands Death Eligibility Session Closed Without Passage

Indiana

Regular: January 9, 2023 — March 8, 2024

Iowa

Regular: January 9, 2023 — May 22, 2024

Number(s) Description Events Type Status

Would establish the death penalty for murder in first degree offenses involving kidnapping and sexual abuse offenses against the same victim who is a minor. 

  • Introduced January 9, 2023. Sponsored by: Brad Zaun (R).
  • Referred to Senate Judiciary on February 9, 2023.
  • Passed committee vote on February 21, 2023.
  • Referred to Senate Judiciary on June 5, 2023.
Expands Aggravating Circumstances Session Closed Without Passage

Would reinstate the death penalty.

  • Introduced January 17, 2024.
  • Passed committee vote on January 29, 2024. Subcommittee recommends passage
Reinstatement Bill Session Closed Without Passage

Kansas

Regular: January 9, 2023 — April 30, 2024

Number(s) Description Events Type Status

Would abolish the death penalty, create the crime of aggravated murder with a sentence of life imprisonment without parole

  • HB2349 Introduced February 9, 2023. Rep. Schreiber (R), Rep. Blew, Rep. Amy (D), Rep. Ballard (D), and Rep. Carmichael (D)
  • SB211 introduced February 8, 2023. Sen. McGinn (R), Sen. Bowers (R), Sen. Dietrich (R), Sen. Doll (R), and Sen. Faust-Goudeau (D)
Abolition Bill Session Closed Without Passage

Would authorize nitrogen hypoxia as an execution method and would require the district court to issue a warrant to the secretary of corrections to carry out a sentence of death.

  • Introduced March 4, 2024. Charles Dalton on behalf of Office of the Attorney General Kris Kobach (R)
  • Referred to Senate Committee on the Judiciary on March 5, 2024.
Modifies Execution Protocol Session Closed Without Passage

Kentucky

Regular: January 2, 2024 — March 30, 2024

Number(s) Description Events Type Status

Would add abuse of a corpse of the victim of kidnapping or murder by engaging in deviate sexual intercourse, sexual intercouse, or sexual contact as an aggravating circumstance.

  • Introduced January 9, 2024. Sponsored by: Samara Heavrin (R).
Expands Aggravating Circumstances Session Closed Without Passage

Would abolish the death penalty and replace it with life imprisonment without parole for inmates presently sentenced to death

  • Introduced January 2, 2024.
Abolition Bill Session Closed Without Passage

Would abolish the death penalty and replace it with life imprisonment without parole for prisoners presently sentenced to death; would prohibit life imprisonment without benefit of parole for a juvenile offender convicted of a capital offense; would define "serious intellectual disability" and "significant subaverage general intellectual functioning"

  • Introduced January 29, 2024.
  • Referred to Senate Veterans, Military Affairs, & Public Protection Committee on January 31, 2024.
Retroactive Abolition Bill Session Closed Without Passage

Louisiana

Regular: March 11, 2024 — June 4, 2024

Number(s) Description Events Type Status

Modifies procedures relating to notifying and contacting victims. 

  • Introduced March 11, 2024. Sponsored by: Gerald Beaullieu IV (R).
  • Referred to House Committee on Administration of Criminal Justice on March 11, 2024.
  • Passed House on April 2, 2024. 102 votes for, 0 votes against.
  • Introduced April 3, 2024.
  • Passed Senate on May 7, 2024. 38 votes for, 0 votes against.
  • Signed by Jeff Landry on May 13, 2024.
  • Final passage May 13, 2024. Became effective on August 1, 2024.
Other Enacted

Modifies procedures relating to notifying and contacting victims. 

  • Introduced March 13, 2024. Sponsored by: Debbie Villio (R).
  • Referred to House Committee on Administration of Criminal Justice on March 18, 2024.
  • Passed House on April 10, 2024. 100 votes for, 0 votes against.
  • Introduced April 15, 2024.
  • Passed Senate on May 7, 2024. 38 votes for, 0 votes against.
  • Passed House on May 8, 2024. 94 votes for, 0 votes against. Passed with Senate amendments
  • Signed by Jeff Landry on May 22, 2024.
  • Final passage May 22, 2024. Became effective on August 1, 2024.
Other Enacted

Would remove nitrogen hypoxia as an authorized method of execution.

  • Introduced April 2, 2024. Sponsored by: Katrina Jackson-Andrews (D).
  • Referred to Senate Committee on Judiciary on April 3, 2024.
  • Failed Senate on April 22, 2024. 19 votes for, 19 votes against. failed to pass
  • Passed Senate on April 22, 2024. 22 votes for, 16 votes against.
  • Introduced April 23, 2024.
Modifies Execution Protocol Session Closed Without Passage

Louisiana

Special: February 19, 2024 — March 6, 2024

Number(s) Description Events Type Status

Would add nitrogen hypoxia and electrocution as alternative execution methods. Would also make records or information relating to the execution confidential.

  • Introduced February 19, 2024. Sponsored by: Nicholas Muscarello Jr. (R).
  • Passed House on February 23, 2024. 71 votes for, 29 votes against.
  • Passed Senate on February 29, 2024. 24 votes for, 15 votes against.
  • Passed House on February 29, 2024. 68 votes for, 29 votes against.
  • Signed by Jeff Landry on March 5, 2024.
  • Final passage March 5, 2024. Became effective on July 1, 2024.
Modifies Execution Protocol Enacted

Maryland

Regular: January 10, 2024 — April 8, 2024

Number(s) Description Events Type Status

Would provide the death penalty as potential punishment for first-degree murder, and establish certain procedures relating to custody, warrant of execution, incompetency, method of execution, witnesses, certificate, disposition of body, notice, trial, sentencing, review, and appeal in relation to imposition of the death penalty.

  • Introduced January 10, 2024. Sponsored by: Nino Mangione (R).
Reinstatement Bill Session Closed Without Passage

Mississippi

Regular: January 2, 2024 — May 5, 2024

Missouri

Regular: January 3, 2024 — May 5, 2024

Number(s) Description Events Type Status

Would allow the death penalty for for the offenses of statutory rape in the first degree and sexual trafficking of a child in the first degree

  • Introduced December 1, 2023. Mike Moon (R)
Expands Death Eligibility Session Closed Without Passage

Would abolish the death penalty and replace it with a maximum sentence of life without parole

  • HB 1780 Introduced December 5, 2023. Rep. Chad Perkins (R)
  • HB 1846 introduced December 7, 2023. Rep. Sarah Unsicker (D)
  • HB 1882 introduced December 11, 2023. Rep. Patty Lewis (D)
Abolition Bill Session Closed Without Passage

Nebraska

Regular: January 4, 2023 — April 18, 2024

Number(s) Description Events Type Status

Would change provision relating to persons present during an execution, including adding two members of the legislature as witnesses.

  • Introduced January 5, 2024.
Modifies Execution Protocol Session Closed Without Passage

Would add nitrogen hypoxia as a method of execution

  • Introduced January 4, 2024. Sponsored by: Loren Lippincott.
  • Referred to to Judiciary Committee on January 8, 2024.
Modifies Execution Protocol Session Closed Without Passage

Proposes a constitutional amendment that would abolish the death penalty and resentence death-row prisoners to life

  • Introduced January 11, 2023. Sen. Terrell McKinney (D)
  • Referred to to Judiciary Committee on January 13, 2024.
Retroactive Abolition Bill Session Closed Without Passage

New Jersey

Regular: January 11, 2022 — January 13, 2024

Number(s) Description Events Type Status

Proposes constitutional amendment to restore the death penalty under certain circumstances. 

  • ACR14 Introduced January 9, 2024. Sponsored by: Dawn Fantasia (R). Cosponsors: Michael Inganamort (R) .
  • SCR68 introduced January 9, 2024. Sponsored by: Parker Space (R).
  • ACR14 Referred to House Judiciary on January 9, 2024.
Reinstatement Bill Session Closed Without Passage

Would restore the death penalty for certain murders. 

  • Introduced January 9, 2024. Sponsored by: Alex Sauickie (R).
Reinstatement Bill Session Closed Without Passage

New Mexico

Regular: January 16, 2024 — February 15, 2024

Number(s) Description Events Type Status

Would make aggravated criminal sexual penetration and criminal sexual penetration of a child punishable by death. 

  • Introduced January 17, 2024. Sponsored by: Stefani Lord (R).
Reinstatement Bill Session Closed Without Passage

Would reinstate the death penalty for the murder of a police officer. 

  • Introduced January 17, 2024. Sponsored by: Craig Brandt (R).
Reinstatement Bill Session Closed Without Passage

Would reinstate the death penalty.

  • Introduced January 17, 2024. Sponsored by: John Block (R).
Reinstatement Bill Session Closed Without Passage

North Carolina

Regular: January 11, 2023 — June 30, 2024

Number(s) Description Events Type Status

Would repeal the death penalty and resentence those with death sentences to life without parole. 

  • Introduced February 15, 2023. Sponsored by: Julie Mayfield (D). Cosponsors: Natalie Murdock (D) .
  • Referred to Senate Rules and Operations on February 16, 2023.
Abolition Bill Session Closed Without Passage

Would repeal the death penalty and resentence those with death sentences to life without parole. 

  • Introduced April 17, 2023. Sponsored by Rep. Vernetta Alston (D), Rep. Zack Hawkins (D), Rep. Marcia Morey (D), Rep. Pricey Harrison (D), and co-sponsored by 10 other Democrats
  • Referred to House Committee on Rules, Calendar, and Operations on April 18, 2023.
Abolition Bill Session Closed Without Passage

Would introduce a separate sentencing proceeding by the courts to determine a life or death sentence when the state gives notice of intent to seek the death penalty for defendants convicted of a capital felony. When the jury cannot unanimously decide on a death sentence, the judge must impose a life sentence.

  • Introduced March 16, 2023. Sponsored by Sen. Amy S. Galey (R), Sen. Brad Overcash (R), Sen. Timothy D. Moffitt (R), Sen. Buck Newton (R), and Sen. Benton G. Sawrey (R)
  • Referred to Senate Committee on Rules and Operations on March 20, 2023.
  • Referred to Senate Judiciary on March 21, 2023.
  • Referred to Senate Committee on Rules and Operations on March 29, 2023.
  • Passed Senate on April 5, 2024. 45 votes for, 2 votes against.
  • Introduced April 5, 2023.
  • Referred to House Committee on Rules, Calendar, and Operations on April 6, 2023.
  • Referred to House Judiciary Committee on June 7, 2023.
  • Referred to House Committee on Rules, Calendar, and Operations on June 13, 2023.
  • Passed House on June 14, 2023. 106 votes for, 0 votes against.
  • Signed by Roy Cooper on June 23, 2023.
  • Final passage June 23, 2024. Became effective on June 23, 2024.
Modifies Sentencing Process Enacted

Oklahoma

Regular: February 6, 2023 — May 25, 2024

Number(s) Description Events Type Status

Would establish the Death Penalty Moratorium Act, which would pause executions in the state until further legislative action. Would also establish the Death Penalty Reform Task Force to prepare a report by November 30, 2025 on the progress made since the 2017 Report of the Oklahoma Death Penalty Review Commission.

  • Introduced February 5, 2024. Initially sponsored by Rep. Humphrey (R) on February 5, 2024. Rep. Humphrey (R) is replaced with Rep. McDugle (R) as primary author on February 26.
  • Passed committee vote on February 28, 2024. 4 votes for, 0 votes against.
Other Session Closed Without Passage

Oregon

Regular: February 1, 2024 — February 28, 2024

South Carolina

Regular: January 10, 2023 — June 30, 2024

Number(s) Description Events Type Status

Would allow the death penalty for persons who commit criminal sexual conduct with a victim under eleven years of age and remove the repeat offender requirement; clarifies that both mitigating and aggravating factors apply. 

  • Introduced January 9, 2024. Sponsored by: Josiah Magnuson (R). Cosponsors: Matthew Leber (R) .
  • Referred to House Judiciary on January 9, 2024.
Expands Aggravating Circumstances Session Closed Without Passage

Would conceal the identities of members of the execution team, including suppliers of lethal-injection drugs. 

  • Introduced November 30, 2022. Sponsored by: Greg Hembree (R).
  • Referred to Committee on Corrections and Penology on November 30, 2022.
  • Referred to Senate committee on January 10, 2023.
  • Failed committee vote on February 2, 2023.
  • Passed Senate on February 23, 2023. 39 votes for, 5 votes against.
  • Referred to House on February 28, 2023.
  • Passed House on April 20, 2024. 80 votes for, 22 votes against.
  • Signed by Henry McMaster on May 12, 2023.
  • Final passage May 12, 2023. Became effective on May 12, 2023.
Modifies Execution Protocol Enacted

Would abolish the death penalty and all laws related to death-penalty procedure. 

  • Introduced November 30, 2022. Sponsored by: Gerald Malloy (D).
  • Referred to Senate Judiciary Committee on January 10, 2023.
Abolition Bill Session Closed Without Passage

Would keep confidential the identity of persons involved in the planning or administration of executions. Would also exempt execution drugs from the state procurement code and state licensing processes and requirements.

  • Introduced January 11, 2023. Sponsored by: Joseph Bustos (R).
  • Referred to House Judiciary Committee on January 11, 2023.
Modifies Execution Protocol Session Closed Without Passage

South Dakota

Regular: January 9, 2024 — March 25, 2024

Number(s) Description Events Type Status

Would allow the death penalty for the rape of a child age twelve and under

  • Introduced January 26, 2024. Sponsored by: Ben Krohmer (R).
  • Referred to House Judiciary on January 29, 2024.
  • Passed House on February 6, 2024. 67 votes for, 0 votes against.
  • Referred to referred to Senate Judiciary Committee on February 7, 2024.
  • Passed committee vote on February 22, 2024. 5 votes for, 1 votes against.
Expands Death Eligibility Session Closed Without Passage

Would repeal the death penalty

  • Introduced January 20, 2024. Sponsored by: Reynold Nesiba (D).
  • Passed committee vote on February 1, 2024. 4 votes for, 3 votes against.
Abolition Bill Session Closed Without Passage

Tennessee

Regular: January 10, 2023 — April 26, 2024

Number(s) Description Events Type Status

Requires a person sentenced to the punishment of death to file any post-conviction appeal within 180 days of the original sentence and any unsuccessful direct appeal; requires the attorney general and reporter to notify the defendant and the defendant’s attorney when two or more appeals may be filed simultaneously.

  • HB 2585 Introduced January 30, 2024. Sponsored by: Lowell Russell.
  • SB 2785 introduced January 31, 2024. Sponsored by: Janice Bowling (R).
  • HB 2585 Referred to House Criminal Justice Subcommittee on February 7, 2024.
Modifies Appeals Process Session Closed Without Passage

Would require a sentence of death to be carried out within 30 business days of the conclusion of any appeals or post-conviction relief, if the jury unanimously determines that certain circumstances are met. 

  • HB 0289 Introduced January 20, 2023. Sponsored by: Lowell Russell (R).
  • SB1113 introduced January 31, 2023.
  • HB 0289 Passed House on March 13, 2023. 74 votes for, 22 votes against.
  • HB 0289 Passed Senate on April 19, 2023. 25 votes for, 7 votes against.
  • HB 0289 Signed by Bill Lee on May 11, 2023.
  • HB 0289 Final passage July 1, 2023.
Modifies Sentencing Process Enacted

Would authorize the death penalty as a punishment for rape of a child, aggravated rape of a child, or especially aggravated rape of a child. 

  • SB 1834 Introduced January 24, 2024. Sponsored by: Jack Johnson (R). Cosponsors: Ken Yager (R) , Ferrell Haile (R) .
  • HB 1663 introduced January 8, 2024. Sponsored by: William Lamberth.
  • SB 1834 Referred to Senate Judiciary Committee on January 25, 2024.
  • SB 1834 Passed committee vote on March 26, 2024. 5 votes for, 4 votes against.
  • SB 1834 Passed Senate on April 9, 2024. 24 votes for, 5 votes against. Passed with amendment 1 adopted.
  • SB 1834 Introduced April 11, 2024.
  • HB 1663 introduced January 8, 2024. Sponsored by: William Lamberth.
  • SB 1834 Passed House on April 22, 2024. 77 votes for, 19 votes against, 1 abstentions.
  • SB 1834 Passed Senate on April 23, 2024. 23 votes for, 5 votes against.
  • SB 1834 Signed by Bill Lee on May 9, 2024.
  • SB 1834 Final passage May 13, 2024. Became effective on July 1, 2024.
Expands Aggravating Circumstances Enacted

Would make the identities of the entity that compounds, distributes, or manufactures lethal injection drugs or the individuals who carry out the execution public record.

  • HB0870 Introduced February 1, 2023. Sponsored by: Justin Lafferty (R).
  • SB0977 introduced February 2, 2023. Sponsored by: Mark Pody (R).
  • HB0870 Referred to Senate State and Local Government Committee on February 6, 2023.
Modifies Execution Protocol Session Closed Without Passage

Would provide firing squad as a method of execution.

  • HB 1245 Introduced February 1, 2023. Sponsored by: Dennis Powers.
  • SB 1152 introduced February 2, 2023. Sponsored by: Frank Niceley (R).
  • HB 1245 Referred to Senate Finance, Ways and Means on April 20, 2023.
Modifies Execution Protocol Session Closed Without Passage

Texas

Regular: January 10, 2023 — May 29, 2024

Number(s) Description Events Type Status

Would abolish the death penalty.

  • Introduced December 8, 2022. Sponsored by: Harold V. Dutton Jr. (D).
  • Referred to House Criminal Jurisprudence on March 2, 2023.
Abolition Bill Session Closed Without Passage

Would abolish the death penalty.

  • Introduced November 14, 2022. Sponsored by: Joe Moody (D).
  • Referred to House Criminal Jurisprudence on February 23, 2023.
Abolition Bill Session Closed Without Passage

Would prohibit the death penalty for defendants with severe mental illness.

  • Introduced November 16, 2022. Sponsored by: Toni Rose (D).
  • Passed House on March 29, 2023. 84 votes for, 61 votes against, 2 abstentions.
  • Passed House on April 5, 2023. 136 votes for, 5 votes against, 1 abstentions. Passed with Amendment 1
  • Passed House on April 5, 2023. 97 votes for, 48 votes against, 1 abstentions.
  • Introduced April 5, 2024.
Limits Death Eligibility Session Closed Without Passage

Would change the procedure for determining intellectual disability in capital cases, and align the state’s definition of intellectual disability with clinical standards

  • Introduced November 14, 2022. Sponsored by: Senfronia Thompson (D).
  • Referred to House Committee of Jursiprudence on February 23, 2023.
  • Passed House on May 9, 2023. 99 votes for, 38 votes against, 2 abstentions.
  • Introduced May 10, 2023.
Limits Death Eligibility Session Closed Without Passage

Would prohibit the death penalty in cases that rely solely on the testimony of a single eyewitness

  • Introduced November 14, 2022. Sponsored by: Steve Toth (R).
  • Referred to House Criminal Jurisprudence on February 23, 2023.
Limits Death Eligibility Session Closed Without Passage

Would require a court to withdraw an execution date if requested by the prosecutor.

  • Introduced November 14, 2022. Sponsored by: Joe Moody (D).
  • Referred to House Criminal Jurisprudence on February 23, 2023.
  • Passed House on April 12, 2023. 129 votes for, 16 votes against, 1 abstentions.
  • Passed House on April 13, 2023. 122 votes for, 23 votes against, 3 abstentions.
  • Introduced April 13, 2023.
Other Session Closed Without Passage

Would limit the use of the death penalty in “law of parties” cases, limiting them to instances where the individual is a “major participant” in a capital murder and behave with “reckless indifference to human life”

  • Introduced January 26, 2023. Sponsored by: Jeff Leach.
  • Referred to House Criminal Jurisprudence on March 7, 2023.
  • Passed House on April 20, 2023. 133 votes for, 11 votes against, 1 abstentions.
  • Introduced April 24, 2023.
Limits Death Eligibility Session Closed Without Passage

US Federal Government

Regular: January 3, 2023 — October 30, 2024

Number(s) Description Events Type Status

Would make possession of child pornography a death eligible crime.

  • Introduced April 11, 2024. Sponsored by: Anna Paulina Luna (R).
  • Referred to House Judiciary Committee on April 11, 2024.
Expands Death Eligibility Session Closed Without Passage

Would make various crimes involving children, including trafficking, exploitation, and sexual abuse, death eligible offenses.

  • Introduced April 11, 2024. Sponsored by: Anna Paulina Luna (R).
  • Referred to House Judiciary Committee on April 11, 2024.
Expands Death Eligibility Session Closed Without Passage

This bill establishes new criminal offenses for killing, assaulting, and fleeing to avoid prosecution for killing a judge, law enforcement officer, or public safety officer.

Additionally, the bill

  • expands the list of statutory aggravating factors in death penalty determinations to also include the killing or attempted killing of a law enforcement officer, judge, prosecutor, or firefighter or other first responder;
  • broadens the authority of federal law enforcement officers to carry firearms; and
  • limits federal court review of challenges to state court convictions for killing a public safety officer or judge.
  • S 1569 Introduced May 11, 2023. Sponsored by: John Cornyn (R).
  • HR 3079 introduced May 5, 2023. Sponsored by: Don Bacon (R).
  • HR 355 introduced January 13, 2023. Sponsored by: Don Bacon (R).
  • S 1569 Referred to Senate Judiciary Committee on May 11, 2023.
Expands Aggravating Circumstances Session Closed Without Passage

Would expand the list of statutory aggravating factors in death penalty determinations to also include killing or targeting a law enforcement officer, firefighter, or other first responder. 

  • S 459 Introduced February 15, 2023. Sponsored by: Mike Braun (R).
  • HR 130 introduced January 9, 2023. Sponsored by: Vern Buchanan (R).
  • S 459 Referred to Senate Judiciary Committee on February 15, 2023.
Expands Aggravating Circumstances Session Closed Without Passage

Would eliminate the death penalty for any violation of federal law.

  • HR 4633 Introduced July 13, 2023. Sponsored by: Ayanna Pressley (D).
  • S 2299 introduced July 13, 2023. Sponsored by: Richard Durbin (D).
  • HR 4633 Referred to House Judiciary Committee on July 13, 2023.
Abolition Bill Session Closed Without Passage

This bill requires a federal court to construe the imposition of a death penalty sentence for an individual convicted of an offense under state law for receiving or providing a reproductive health service (e.g., an abortion) as cruel and unusual punishment and a miscarriage of justice. It also authorizes civil suits by affected individuals and a right to habeas corpus relief in federal district court.

  • Introduced March 30, 2023. Sponsored by: Nancy Mace (R).
  • Referred to House Judiciary Committee on March 30, 2023.
Limits Death Eligibility Session Closed Without Passage

Would authorize the death penalty for certain fentanyl-related offenses that result in death. 

  • Introduced February 27, 2023. Sponsored by: Paul Gosar (R).
  • Referred to House Committee on the Judiciary and the Committee on Energy and Commerce on February 27, 2023.
  • Referred to House Subcommittee on Health on March 10, 2023.
Expands Death Eligibility Session Closed Without Passage

Would eliminate the federal death penalty and resentence those on federal death row.

  • Introduced February 21, 2023. Sponsored by: Adriano Espaillat (D).
  • Referred to House Committee on the Judiciary and the Committee on Armed Services on February 21, 2023.
Abolition Bill Session Closed Without Passage

Would establish federal criminal offenses involving the murder of federal, state, or local law enforcement officers. Violators are subject to life in prison or death. Would set forth aggravating factors (e.g., intent to ambush or prior history of promoting violence against a law enforcement officer) to be considered in determining whether to impose the death penalty.

  • S 868 Introduced March 16, 2023. Sponsored by: Tom Cotton (R).
  • HR 1627 introduced March 17, 2023. Sponsored by: Mike Garcia (R).
  • S 868 Referred to Senate Judiciary Committee on March 16, 2023.
Expands Death Eligibility Session Closed Without Passage

Utah

Regular: January 16, 2024 — March 1, 2024

Number(s) Description Events Type Status

Would make information relating to executions confidential.

  • Introduced January 18, 2024. Sponsored by: Derrin Owens (R).
  • Passed Senate on February 1, 2024. 28 votes for, 0 votes against, 1 abstentions.
  • Passed House on February 14, 2024. 69 votes for, 0 votes against, 6 abstentions.
  • Signed by Spencer Cox (R) on February 16, 2024.
Other Enacted

Virginia

Regular: January 10, 2024 — March 10, 2024

Number(s) Description Events Type Status

Would reinstate the death penalty

  • Introduced January 8, 2024. Sponsored by: Timothy Griffin (R).
  • Referred to House Committee for Courts of Justice on January 8, 2024.
  • Referred to Criminal Subcommittee on January 16, 2024.
  • Failed committee vote on January 17, 2024. 2 votes for, 6 votes against.
Reinstatement Bill Failed

Washington

Regular: January 9, 2023 — March 8, 2024

Number(s) Description Events Type Status

Would update the constitution to align with the Washington Supreme Court ruling that abolished the state’s death penalty.

  • Introduced January 9, 2023. Sponsored by: Jamie Pedersen (D).
  • Passed Senate on February 1, 2023. 34 votes for, 14 votes against.
  • Passed House on April 7, 2023. 58 votes for, 39 votes against.
  • Signed by Governor Jay Inslee on April 20, 2023.
  • Final passage April 20, 2023. Became effective on July 23, 2023.
Abolition Bill Enacted

Would reinstate the death penalty for prisoners who commit murder. The Washington Supreme Court struck down the state’s death penalty in 2018. 

  • Introduced January 8, 2023. Sponsored by: Keith Wagoner (R). Cosponsors: Jim McCune (R) , Kevin Van de Wege (D) .
  • Referred to Senate Law & Justice Committee on January 9, 2023.
Retroactive Abolition Bill Session Closed Without Passage

West Virginia

Regular: January 10, 2024 — March 10, 2024

Number(s) Description Events Type Status

Would allow the death penalty for intentionally killing law-enforcement officer or first responder in line of duty

  • Introduced January 17, 2024. Sponsored by: Mike Stuart (R).
  • Referred to Judiciary Committee on January 17, 2024.
Reinstatement Bill Session Closed Without Passage

Would reinstate the death penalty

  • Introduced January 10, 2024. Sponsored by: Del Geoff Foster (R).
Reinstatement Bill Session Closed Without Passage

Wyoming

Regular: February 12, 2024 — March 8, 2024

News & Developments


News

Oct 07, 2024

Delaware Officially Removes Death Penalty from State Statutes Eight Years After State Supreme Court Finds It Unconstitutional

On September 26, 2024, Governor John Carney (D) signed House Bill 70, which offi­cial­ly repeals the death penal­ty from the state’s law. Although Delaware’s Supreme Court found its death penal­ty statute to be uncon­sti­tu­tion­al in 2016, inval­i­dat­ing it for future use and effec­tive­ly abol­ish­ing cap­i­tal pun­ish­ment, the pas­sage of HB 70 amends Title 11 of the state’s code to remove the death penal­ty and replace it with life with­out parole as the most severe pun­ish­ment for first-degree mur­der for…

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News

May 17, 2024

Tennessee Authorizes Death Penalty for Child Sexual Assault in Direct Challenge to Supreme Court Precedent

On May 9, Governor Bill Lee of Tennessee signed a bill autho­riz­ing the death penal­ty for aggra­vat­ed rape of a child, fol­low­ing Florida’s pas­sage of a sim­i­lar law last year. Both laws con­tra­dict long­stand­ing Supreme Court prece­dent hold­ing the death penal­ty uncon­sti­tu­tion­al for non-homi­cide crimes. Tennessee’s law takes effect on July 1. The state has had a death penal­ty mora­to­ri­um in place since May 2022 after Governor Lee learned that state offi­cials had failed to test exe­cu­tion drugs for…

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News

Mar 05, 2024

Oklahoma Execution Moratorium Bill Unanimously Passes Committee and Makes Its Way to the State-House Floor

On February 28, 2023, the Oklahoma House Criminal Justice and Corrections Committee unan­i­mous­ly passed a bill that would pause all pend­ing exe­cu­tions and pro­hib­it new death sen­tences while an inde­pen­dent task force reviews cur­rent Oklahoma death penal­ty pro­ce­dures. House Bill 3138, also known as the Death Penalty Moratorium Act, was intro­duced by Republican Representative Kevin McDugle and would cre­ate a five-mem­ber Death Penalty Reform Task Force to study and report on the progress of…

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News

Feb 02, 2024

Ohio Officials Divided on Death Penalty as Attorney General Pushes New Bill to Legalize Nitrogen Hypoxia for Executions

On Tuesday, January 30, Ohio Attorney General Dave Yost announced new leg­is­la­tion to autho­rize the use of nitro­gen gas in exe­cu­tions in the state. Joined by sev­er­al Republican state rep­re­sen­ta­tives and Louis Tobin of the Ohio Prosecuting Attorneys Association, AG Yost said that he is seek­ing to kick­start” Ohio’s death penal­ty after a six-year pause in exe­cu­tions due to dif­fi­cul­ties obtain­ing lethal injec­tion drugs. The sta­tus quo is unac­cept­able,” he said. According to the text of the…

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