Below are important pieces of death penalty legislation that have recently passed or are currently being considered. (DPI welcomes additions and suggestions via email.)
Session dates via StateScape.
State names link to state legislative homepage.
Open Sessions
Alabama
Regular: January 13, 2026 — April 2, 2026
| Number(s) | Description | Events | Type | Status |
|---|---|---|---|---|
|
Would add "murder committed when the defendant knowingly creates a great risk of death to multiple persons" to the list of capital crimes and aggravating factors. |
|
Expands Aggravating Circumstances | Pending |
Would make rape, sodomy, and sexual torture of a person under age 12 a capital offense. |
|
Expands Death Eligibility | Enacted | |
|
Proposes a constitutional amendment to abolish the death penalty and requires the legislature to pass laws to prohibit the death penalty. |
|
Abolition Bill | Pending |
Alaska
Regular: January 21, 2025 — May 20, 2026
Arizona
Regular: January 12, 2026 — June 27, 2026
| Number(s) | Description | Events | Type | Status |
|---|---|---|---|---|
|
Would add firing squad as an execution method. Prisoners would be permitted to choose their execution method. This bill would not go into effect unless the people vote to amend the state's constitution via Senate Concurrent Resolution 1049. |
|
Modifies Execution Protocol | Pending |
|
Would modify the state's constitution to add firing squad as an execution method. Prisoners would be permitted to choose their execution method. Firing squad would be administered by three volunteer shooters and includes one blank round. This measure would be voted on by constituents in the state's next general election. |
|
Modifies Execution Protocol | Pending |
California
Regular: December 2, 2024 — November 30, 2026
| Number(s) | Description | Events | Type | Status |
|---|---|---|---|---|
|
Modifies and adds to procedures for relief under the 2020 Racial Justice Act for individuals who have actions pending before the trial or appellate court, who are incarcerated, or post-incarceration. If racial bias is found in an individual's case, the person is ineligible for the death penalty. |
|
Modifies Appeals Process | Enacted |
|
Any individual accused of racial bias or animus under the 2020 Racial Justice Act shall receive notice of the accusation and be given the right to representation during the hearing to question the sufficiency of the evidence against the individual. |
|
Modifies Appeals Process | Enacted |
|
Alters certain requirements and procedures related to filing a writ of habeas corpus, motions to vacate a conviction, and subsequent assistance of a person exonerated. |
|
Modifies Appeals Process | Pending |
Colorado
Regular: January 14, 2026 — May 6, 2026
Connecticut
Regular: February 4, 2026 — May 6, 2026
| Number(s) | Description | Events | Type | Status |
|---|---|---|---|---|
|
Would prohibit any manufacturer, wholesaler, pharmacist, prescribing practitioner or pharmacy from selling, dispensing, transferring, or delivering any drug or device with actual knowledge that it is intended to be used for executing a death sentence. Would also prohibit the renewal of a certificate of registration for applicants that knowingly manufactured, sold, or dispensed of any drug or device for the purpose of executing the death penalty. |
|
Other | Pending |
Delaware
Regular: January 14, 2025 — June 30, 2026
| Number(s) | Description | Events | Type | Status |
|---|---|---|---|---|
|
The first leg of a constitutional amendment to prohibit the imposition of the death penalty. |
|
Abolition Bill | Pending |
|
Would create criminal and civil liabitilies for corporations or other businesses in the state that sell, distribute, or dispense a drug that is used as part of a government-sanctioned execution. If the highest-ranking officer knows that the organization is engaging in the aforementioned actions or should know that their products will be used in any capacity in relation to an execution, they would be guilty of a class A felony and subject to a civil penalty of up to $50,000. If the business is a corporation, their corporation charter will be revoked. |
|
Other | Pending |
|
The first leg of a constitutional amendment to prohibit the imposition of the death penalty. |
|
Abolition Bill | Pending |
Georgia
Regular: January 13, 2025 — April 4, 2026
| Number(s) | Description | Events | Type | Status |
|---|---|---|---|---|
Would provide pretrial hearings for capital defendants to raise intellectual disability claims; would lower the standard of proof from "beyond a reasonable doubt" to a “preponderance of evidence," in line with other state standards. |
|
Limits Death Eligibility | Enacted | |
|
Would prohibit the imposition of the death penalty in cases where the only evidence is the testimony of a single eyewitness |
|
Limits Death Eligibility | Pending |
Hawaii
Regular: January 15, 2025 — May 1, 2026
| Number(s) | Description | Events | Type | Status |
|---|---|---|---|---|
|
Would make sex trafficking a death-eligible offense. |
|
Reinstatement Bill | Pending |
Idaho
Regular: January 12, 2026 — April 3, 2026
Illinois
Regular: January 8, 2025 — January 3, 2027
| Number(s) | Description | Events | Type | Status |
|---|---|---|---|---|
|
Would reinstate the death penalty |
|
Reinstatement Bill | Pending |
|
Would create the Capital Crimes Litigation Act of 2025, which would reinstate the death penalty in cases where victims were peace officers, first responders, Department of Corrections employees, or government officials killed in the line of duty. Would require capitally charged indigent defendants be appointed a public defender or other attorney. |
|
Reinstatement Bill | Pending |
Would create the Capital Crimes Litigation Act of 2025, which would reinstate the death penalty and related provisions in cases where:
|
|
Reinstatement Bill | Pending |
Iowa
Regular: January 13, 2025 — May 1, 2026
| Number(s) | Description | Events | Type | Status |
|---|---|---|---|---|
|
Would reinstate the death penalty for murder in the first degree of a peace officer on duty. |
|
Reinstatement Bill | Pending |
Kansas
Regular: January 13, 2025 — May 5, 2026
| Number(s) | Description | Events | Type | Status |
|---|---|---|---|---|
Prohibiting second and successive motions and ineffective counsel claims in habeas corpus actions and providing for direct appeal to the supreme court in habeas corpus appeals filed by inmates sentenced to death. |
|
Modifies Appeals Process | Pending | |
|
Would prohibit the imposition of a death sentence for crimes committed after July 1, 2025 and creates the crime of aggravated murder. |
|
Abolition Bill | Pending |
|
Would prohibit the imposition of a death sentence for crimes committed after July 1, 2025 and creates the crime of aggravated murder. |
|
Abolition Bill | Pending |
Kentucky
Regular: January 6, 2026 — March 27, 2026
Louisiana
Regular: March 9, 2026 — June 1, 2026
Maine
Regular: December 4, 2024 — May 8, 2026
Maryland
Regular: January 14, 2026 — April 6, 2026
Massachusetts
Regular: January 1, 2025 — January 1, 2027
Michigan
Regular: January 8, 2025 — December 31, 2026
Minnesota
Regular: January 14, 2025 — May 18, 2026
Mississippi
Regular: January 6, 2026 — May 4, 2026
Missouri
Regular: January 7, 2026 — May 30, 2026
Nebraska
Regular: January 8, 2025 — May 29, 2026
| Number(s) | Description | Events | Type | Status |
|---|---|---|---|---|
|
Would provide for execution by nitrogen hypoxia. |
|
Modifies Execution Protocol | Pending |
|
A constitutional amendment to abolish the death penalty and commute those with death sentences to a sentence of life imprisonment. |
|
Retroactive Abolition Bill | Pending |
|
Prohibits the death penalty and life imprisonment for individuals under the age of 22 at the time of the crime. |
|
Limits Death Eligibility | Pending |
|
Expands grounds for post-conviction relief to include claims of actual innocence and allows the Court to excuse "any procedural default or time limitation" in order to "prevent a manifest of injustice." |
|
Modifies Appeals Process | Pending |
New Hampshire
Regular: January 7, 2026 — June 30, 2026
New Jersey
Regular: January 13, 2026 — January 11, 2028
New York
Regular: January 8, 2025 — January 1, 2027
| Number(s) | Description | Events | Type | Status |
|---|---|---|---|---|
|
To restore the death penalty in New York State and make it an available sentence for those convicted of Murder in the First Degree for the intentional killing of police officers, specified peace officers, and first responders, the intentional killing of two or more people, the intentional killing of another person as a hate crime, and the intentional killing of another person in the furtherance of terrorism. |
|
Reinstatement Bill | Pending |
|
Would provide that sentence for first degree murder of a police officer, peace officer, or correctional officer be death or life imprisonment without parole. |
|
Reinstatement Bill | Pending |
|
Would make certain provisions of murder in the first degree eligible for either a death sentence or life without parole. |
|
Reinstatement Bill | Pending |
Would reinstate the death penalty as potential punishment for killing a police officer. |
|
Reinstatement Bill | Pending | |
|
Although the state has already abolished the death penalty, this would remove any mention of it from the state's law and would also eliminate the punishment of life without parole. |
|
Abolition Bill | Pending |
North Carolina
Regular: January 8, 2025 — July 31, 2026
| Number(s) | Description | Events | Type | Status |
|---|---|---|---|---|
|
Would repeal the death penalty and resentence all current death-sentenced prisoners to terms of life without parole. |
|
Retroactive Abolition Bill | Pending |
|
Would make electrocution the default method of execution, with firing squad or lethal injection available as alternative choices. Prisoners must convey their selection in writing 14 days before execution date or it is considered waived. |
|
Modifies Execution Protocol | Pending |
|
Removes the prohibition against electrocution and lethal gas and retains lethal injection as the state's method of choice; in case lethal injection is deemed unconsititional, adds provisions that allow use of an execution method approved by another state, so long as the U.S Supreme Court has not declared that method to be unconstitutional. Also modifies provisions relating to post-conviction relief and adds the crime occurring while the victim is on public transportation as an aggravating factor. |
|
Modifies Execution Protocol | Enacted |
Ohio
Regular: January 6, 2025 — December 31, 2026
| Number(s) | Description | Events | Type | Status |
|---|---|---|---|---|
|
Would add nitrogen hypoxia as an execution method. |
|
Modifies Execution Protocol | Pending |
|
Would abolish the death penalty; modify the number of jurors that may be challenged in cases where a defendant may be sentenced to life imprisonment; and prohibit public funding for and insurance coverage of the use of lethal injection drugs in nontherapeutic abortions and assisting suicide. |
|
Abolition Bill | Pending |
|
Would abolish the death penalty and modify the number of juror challenges in cases where a sentence of life may be imposed. |
|
Abolition Bill | Pending |
|
Would abolish the death penalty; modify the number of juror challenges in cases where a sentence of life may be imposed; and prohibit public funding for the use of lethal injection drugs in nontherapeutic abortions and assisted suicides. |
|
Abolition Bill | Pending |
|
Would expand aggravating circumstances to include victim(s) who are peace officers, prosecutors, first responders, or military members. |
|
Expands Aggravating Circumstances | Pending |
|
Would expand aggravating circumstances to include death of an elected official or whether the motivation of the killing was "political affiliation, association, belief, or ideology." |
|
Expands Aggravating Circumstances | Pending |
|
Modifies grounds for post-conviction relief to include "qualifying DNA testing," such as testing requested by the prosecuting attorney, that if presented at trial would have established "actual innocence." |
|
Modifies Appeals Process | Pending |
|
Modifes wording to include a new trial on any grounds that "affect the fairness of the defendant's trial or that demonstrate a miscarriage of justice." Grounds are expanded to include the discovery of new evidence that "would establish a strong probability of a different result at trial," and motions falling under this new section can be field anytime after a verdict is rendered. |
|
Modifies Appeals Process | Pending |
Oklahoma
Regular: February 3, 2025 — May 30, 2026
| Number(s) | Description | Events | Type | Status |
|---|---|---|---|---|
|
Shall sentence foreign-born persons, who at the time of the incident were present in the United States without valid immigration documentation or violated the terms of his or her admission to the United States, convicted of first degree murder to death. |
|
Other | Pending |
|
Would stay the imposition of new execution dates and vacate all currently scheduled dates; legislature would retain the authority to lift the moratorium |
|
Other | Pending |
|
Modifies the process to determine mental competency for execution, including requiring the trial court to render a decision before the scheduled execution date unless the Court of Criminal Appeals issues a stay of execution. |
|
Other | Enacted |
|
Would create the Death Penalty Moratorium Act, which would prohibit the imposition of new execution dates and vacate all currently scheduled dates. Would create the Death Penalty Reform Task Force. |
|
Other | Pending |
|
Would make "any person convicted of forcible anal or oral sodomy, rape, rape by instrumentation, or lewd molestation of a child under fourteen (14) years of age" eligible for a death sentence. |
|
Expands Death Eligibility | Enacted |
|
Would create the Child Trafficking Protection Act of 2025, which would make human trafficking of those under age 18 a death-eligible offense. |
|
Expands Death Eligibility | Pending |
Pennsylvania
Regular: January 7, 2025 — November 30, 2026
| Number(s) | Description | Events | Type | Status |
|---|---|---|---|---|
|
Would mandate the death penalty for an "undocumented migrant" convicted of murder in the first degree. |
|
Other | Pending |
|
Would eliminate the death penalty. |
|
Abolition Bill | Pending |
|
Would modify the threshold for capital juries evaluating aggravating factors against mitigating factors to beyond a reasonable doubt. "If the jury unanimously finds one or more aggravating circumstances which outweigh any mitigating circumstances beyond a reasonable doubt," then a death sentence would be imposed. |
|
Modifies Sentencing Process | Pending |
Rhode Island
Regular: January 6, 2026 — June 30, 2026
South Carolina
Regular: January 14, 2025 — May 7, 2026
| Number(s) | Description | Events | Type | Status |
|---|---|---|---|---|
|
Redefines person to include "an unborn child at every stage of development from fertilization until birth," and allows all state homicide and assault provisions to apply. |
|
Expands Death Eligibility | Pending |
|
Would allow the Attorney General or his designee to be present as execution witnesses. |
|
Modifies Execution Protocol | Pending |
|
Would allow the Attorney General or his designee to be present as execution witnesses. |
|
Modifies Execution Protocol | Pending |
|
Would allow the Attorney General or his designee to be present as execution witnesses. |
|
Modifies Execution Protocol | Pending |
|
The "Child Rapist Death Penalty Act" would make criminal sexual conduct of a minor a death-eligible offense, but provides that a death sentence may not be carried out until the U.S. Supreme Court case Kennedy v. Louisiana is overruled. |
|
Expands Death Eligibility | Pending |
South Dakota
Regular: January 13, 2026 — March 26, 2026
Tennessee
Regular: January 14, 2025 — April 24, 2026
| Number(s) | Description | Events | Type | Status |
|---|---|---|---|---|
|
Would allow members of the general assembly to be present for executions |
|
Modifies Execution Protocol | Failed |
Would modify the lethal injection protocol to allow for the use of pharmaceutical fentanyl. |
|
Modifies Execution Protocol | Pending | |
|
Would allow members of the general assembly to be present for executions |
|
Modifies Execution Protocol | Pending |
US Federal Government
Regular: January 3, 2025 — October 30, 2026
| Number(s) | Description | Events | Type | Status |
|---|---|---|---|---|
|
Would provide add the intentional killing of a law enforcement officer as an aggravating factor |
|
Expands Aggravating Circumstances | Pending |
|
Would expand aggravating factors to include killing or targeting a law enforcement officer, firefighter, or other first responder. |
|
Expands Aggravating Circumstances | Pending |
Would require that the death penalty remain as a sentencing option for Khalid Shaikh Mohammad, Walid Muhammad Salih Mubarak Bin ‘Attash, or Mustafa Ahmed Adam al Hawsawi for actions involving the terrorist attack on September 11, 2001. |
|
Other | Pending | |
|
Would make the possession of child pornography punishable by death or life imprisonment. |
|
Expands Death Eligibility | Pending |
|
Would make various crimes related to children death-eligible offenses, such as sex trafficking, sexual abuse, and exploitation of children. |
|
Expands Death Eligibility | Pending |
|
Would make those convicted of sexual abuse of a victim under age 18 a death-eligible offense. |
|
Expands Death Eligibility | Pending |
|
"A resolution condemning the commutation of the death sentence of Marvin Charles Gabrion II granted by President Biden on December 23, 2024." |
|
Other | Pending |
|
"A resolution condemning the commutation of the death sentence of Anthony George Battle granted by President Biden on December 23, 2024." |
|
Other | Pending |
|
Would expand aggravating circumstances in capital cases to include whether the defendant convicted of "killing, attempting to kill, or conspiring to kill a United States citizen" was an "illegal alien" defined as a person who "entered, or remains in the United States in violation of Federal law." |
|
Expands Aggravating Circumstances | Pending |
|
Would make the selling or distribution of fentanyl that results in death an offense punishable by death or life imprisonment. |
|
Expands Death Eligibility | Pending |
|
Would expand aggravating circumstances to include a defendant who "came to, entered, or remains in the United States in violation of Federal law" and "has been convicted of killing, attempting to kill, or conspiring to kill a United States citizen." |
|
Expands Aggravating Circumstances | Pending |
|
Would expand aggravating factors to include the killing of a law enforcement officer, prosecutor, judge, or first responder (such as a firefighter), and would impose limitation of habeas relief in some of these cases. |
|
Pending | |
|
If assault on a U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any other Federal immigration enforcement agency results in death, then the offender would be subject to life imprisonment or the death penalty. |
|
Expands Aggravating Circumstances | Pending |
|
Would only allow the state to seek the death penalty if the victim dies not more than 1 year and 1 day after the incident occurred. |
|
Modifies Sentencing Process | Pending |
Vermont
Regular: January 8, 2025 — May 8, 2026
Virginia
Regular: January 14, 2026 — March 25, 2026
Washington
Regular: January 13, 2025 — April 26, 2026
| Number(s) | Description | Events | Type | Status |
|---|---|---|---|---|
|
Would allow incarcerated persons who are charged with aggravated first degree murder that occurred while incarcerated to be capitally charged if authorized by a death penalty review panel. |
|
Reinstatement Bill | Pending |
Wisconsin
Regular: January 6, 2025 — December 31, 2026
Sessions Closed This Year
Florida
Regular: January 13, 2026 — March 13, 2026
Indiana
Regular: December 1, 2025 — March 14, 2026
| Number(s) | Description | Events | Type | Status |
|---|---|---|---|---|
|
Would allow the firing squad to be used if 1) lethal injection drugs are unavailable or 2) if the prisoner requests this method. |
|
Modifies Execution Protocol | Session Closed Without Passage |
|
Would establish a pretrial procedure to determine whether a defendant in a capital case has an intellectual disability. After written evaluations by two or three independent, court-appointed experts, have been delivered to the courts, the defendant has 30 days to file a petition. If the defendant elects not to file a petition, then all evaluations and subsequent evidence are privileged and inadmissible by either party at trial. |
|
Limits Death Eligibility | Session Closed Without Passage |
|
Would require the execution team be comprised on volunteers from the general assembly and would make public record the names of those who volunteer and ultimately serve on an execution team. |
|
Modifies Execution Protocol | Session Closed Without Passage |
|
Would add firing squad as an execution method. Committee amended to remove the opportunity for prisoners to choose a method, and allows the Department of Corrections to decide on execution method regardless of whether lethal injection drugs are available. Legislature voted to amend bill to require 1 media witness be present at executions and the state provide, remove nitrogen hypoxia, and provide state-paid mental health services for members of the execution team. |
|
Modifies Execution Protocol | Session Closed Without Passage |
New Jersey
Regular: January 9, 2024 — January 13, 2026
| Number(s) | Description | Events | Type | Status |
|---|---|---|---|---|
Proposes constitutional amendment to restore the death penalty under certain circumstances. |
|
Reinstatement Bill | Session Closed Without Passage | |
|
Would restore the death penalty for certain murders. |
|
Reinstatement Bill | Session Closed Without Passage |
New Mexico
Regular: January 20, 2026 — February 19, 2026
Oregon
Regular: February 2, 2026 — March 5, 2026
Utah
Regular: January 20, 2026 — March 6, 2026
West Virginia
Regular: January 14, 2026 — March 7, 2026
Wyoming
Regular: February 9, 2026 — March 6, 2026
News & Developments
News
Jan 07, 2026
New Report Examines Florida’s Unprecedented Execution Pace and Trends in 2025
The United States carried out 47 executions in 2025, and Florida carried out 19 — the highest number in state history and more than double its previous modern record, according to a year-end report from Floridians for Alternatives to the Death Penalty (FADP). Executions in Florida — which averaged one execution every 16 days from February 2025 through December 2025 — accounted for 40% of the 47 executions nationwide, making Florida a clear outlier in the use of the death…
Read MoreNews
Jan 05, 2026
Pennsylvania Governor Issues Reprieve for Richard Laird, Continuing State’s Execution Moratorium
On December 5, 2025, Pennsylvania Governor Josh Shapiro issued an execution reprieve for Richard Roland Laird, the same day the Department of Corrections Secretary Laurel Harry signed a Notice of Execution for January 2, 2026. In issuing the same-day reprieve, Gov. Shapiro acted on his promise to maintain an execution moratorium in Pennsylvania. In February 2023, Gov. Shapiro announced he would continue his predecessor Tom Wolf’s halt on executions, and called upon the…
Read MoreNews
Dec 09, 2025
Roundup of 2025 Legislation to Modify Execution Protocols
On December 15, 2025, the Death Penalty Information Center will release its annual Year End Report detailing nationwide death penalty trends, including executions, new death sentences, legislation, public opinion, and the legal challenges in the Supreme Court. This article highlights the legislation introduced this year to modify execution protocols. This year, legislators in more than half of states that retain the death penalty proposed changes to their…
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Oct 16, 2025
Governor Newsom Signs Major Amendments to California’s Racial Justice Act into Law
On October 13, 2025, Governor Gavin Newsom signed the latest set of amendments to California’s Racial Justice Act (CRJA) into law, strengthening a groundbreaking piece of legislation that prohibits criminal convictions and sentences based on race, ethnicity, or national origin. Under this law, capitally convicted prisoners can pursue meaningful relief, beyond just the reversal of a death sentence, if the state is found to have violated these…
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Oct 01, 2025
North Carolina Legislature Passes Sweeping Criminal Law Legislation in Effort to Restart Executions
On September 23, 2025, North Carolina lawmakers approved and forwarded to Governor Josh Stein for signature House Bill 307 — also known as“Iryna’s Law” — which proposes sweeping changes to the state’s criminal laws. HB 307 imposes stricter pretrial release conditions, requires involuntary mental health evaluations for defendants under certain circumstances, shortens the timeline for capital case appeals, and provides an alternative to the current method of…
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