In 2021, South Carolina became the first state to depart from using lethal injection as a primary execution method. Texas was the first state to use the method, in 1982. Lethal injection is currently the primary method of execution in 28 of the 29 states that authorize executions.
Search recent enactments by topic, state, year, and keyword with NCSL's Capital Punishment Enactment Database. Trends include expanding or limiting aggravating factors, modifying execution methods and procedures, changing trial and appellate procedures, modifying laws to comply with litigation outcomes and repealing the practice all together. Since 2015, 25 states enacted 66 new laws addressing state systems of capital punishment. States across the country will continue to debate its fairness, reliability and cost of implementation.
Additionally, courts in Washington and Delaware recently ruled that the states' capital punishment laws are unconstitutional. The Nebraska Legislature also abolished capital punishment in 2015, but it was reinstated by a statewide vote in 2016. In recent years, New Mexico (2009), Illinois (2011), Connecticut (2012), Maryland (2013), New Hampshire (2019), Colorado (2020) and Virginia (2021) have legislatively abolished the death penalty, replacing it with a sentence of life imprisonment with no possibility for parole. Law, Criminal Justice and Public SafetyĬapital punishment is currently authorized in 27 states, by the federal government and the U.S.Communications, Financial Services and Interstate Commerce.E-Learning | Staff Professional Development.Research, Editorial, Legal and Committee Staff.Legislative Staff Coordinating Committee.
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