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SF 320

A bill for an act creating a capital murder offense by establishing the penalty of death for murder in the first degree of a peace officer on duty, and including effective date and applicability provisions.

2025-2026 Regular Session Introduced by Mark Costello and 6 co-sponsors

SF 320 establishes a capital murder offense for killing peace officers on duty, allowing the death penalty for convicted offenders to enhance their protection.

Subcommittee recommends amendment and passage.
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Bill Summary · SF 320

Summary of SF 320 - Capital Murder Offense Legislation

Bill Number: SF 320
Introduced: February 17, 2025
Status: Subcommittee recommends amendment and passage
Subject Areas: Criminal Law, Death Penalty, Law Enforcement, Mental Health

Purpose and Intent

SF 320 aims to establish a new capital murder offense specifically for the murder of a peace officer while on duty. The bill seeks to impose the death penalty for individuals convicted of first-degree murder under these circumstances, thereby enhancing protections for law enforcement personnel.

Key Provisions

  1. Capital Murder Definition:

    • The bill defines a new offense of capital murder for the killing of a peace officer engaged in their official duties.

  2. Death Penalty Implementation:

    • A death sentence can only be imposed if the jury (or court, if the right to a jury trial is waived) unanimously finds:
      • That aggravating circumstances outweigh any mitigating circumstances beyond a reasonable doubt.
      • That the defendant should be sentenced to death.

  3. Mitigating Factors:

    • The bill outlines specific mitigating factors that may be considered during sentencing, including:
      • The defendant's mental or emotional disturbance.
      • The defendant's age.
      • The ability to appreciate the wrongfulness of the conduct due to mental illness.
      • Lack of significant prior criminal history.
      • Extreme duress or not directly committing the murder.
      • The defendant's character or circumstances surrounding the offense.

  4. Jury Instructions:

    • The court must instruct the jury that factors such as race, color, religious beliefs, national origin, sex, or other protected classes should not influence their decision regarding the death penalty.

  5. Evidence Collection:

    • The Supreme Court is tasked with collecting evidence related to the imposition of death sentences, focusing on whether they are excessive, disproportionate, or influenced by prejudice.

Impact

  • Who is Affected:

    • This bill primarily affects defendants accused of murdering peace officers, law enforcement agencies, and the judicial system involved in capital cases.
    • It also has implications for the families of victims, as it establishes a more severe penalty for the murder of law enforcement personnel.

  • Legal and Procedural Changes:

    • The bill introduces a structured process for determining the appropriateness of the death penalty, including separate proceedings for guilt and sentencing.
    • It emphasizes the need for a unanimous decision from the trier of fact, ensuring that the imposition of the death penalty is a carefully considered process.

Legislative Timeline

  • February 17, 2025: Bill introduced and referred to the Judiciary Committee.
  • February 20, 2025: Initial subcommittee formed.
  • February 24, 2025: Subcommittee reassigned.
  • February 25, 2025: Subcommittee meeting scheduled.
  • March 3, 2025: Subcommittee recommends amendment and passage.

This summary provides a comprehensive overview of SF 320, detailing its purpose, key provisions, and potential impacts on the legal landscape regarding capital punishment for the murder of peace officers.

Compiled from official sources — confirm details with the bill’s official record.

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