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Database Capital Punishment Legislation Database

Updated January 01, 2024

This database covers enacted legislation related to capital punishment. It includes all enacted legislation from 2015 to present and is updated annually by NCSL staff.

  • Years Tracked: 2015-present
  • Update Frequency: Annually
  • Legislation Included: Enacted-only

Topic Descriptions

User Guidance

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Topic Descriptions

Aggravating Factors

Includes enactments that add or remove statutorily enumerated aggravating factors that make a case eligible for prosecution as a capital offense.

Ballot Measures, Resolutions and Studies

Includes any ballot measures, legislative resolutions or enactments requiring a study of any kind.

Execution Methods and Procedures

Includes enactments that alter statutorily authorized methods of execution or related procedures, including provisions addressing confidentiality or acquiring lethal substances.

Intellectual Disability and Mental Illness

Includes enactments that make defendants, who meet certain criteria, ineligible for prosecution for a capital offense or execution. Also includes mitigation, competency, expert witnesses or other consideration of a defendant’s mental health.

Miscellaneous

Includes enactments otherwise related to capital punishment that are not included in other topics, such as appropriations for compensation of wrongly convicted individuals, indigent defense, conditions of confinement specific to individuals on death row, or capital punishment specific conviction integrity units.

Repeal or Reinstate

Includes enactments abolishing or reestablishing capital punishment.

Trial and Appellate Procedure

Includes enactments that address trial or appellate procedures such as jury requirements, judicial override, victim notification, timing and evidence preservation.

Related Resources

Youth Justice Fellows Program

NCSL’s first Youth Justice Fellows Program is a year-long, peer-learning opportunity designed to support legislators who are experienced or emerging leaders on youth justice issues, including: age of juvenile court jurisdiction, adolescent brain development, alternatives to detention and incarceration, due process protections, diversion and reducing system involvement, conditions of confinement, sentencing and juvenile life without parole.
Civil and Criminal Justice
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