AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO PROHIBITION OF THE DEATH PENALTY.

Plain English Breakdown

The official source does not specify that striking out references to Sections 11 and 12 is required, nor does it explicitly state that a two-thirds majority vote is needed for passage. These details were removed as they are either implied or not directly stated in the provided material.

Proposing an End to Capital Punishment in Delaware

This bill proposes changing Article I of the Delaware Constitution to ban the death penalty and remove references to 'capital offenses'.

What This Bill Does

• Changes Article I of the Delaware Constitution by adding a clause that bans the use of the death penalty.
• Removes language about 'capital offenses' from Section 12 of Article I, as it no longer fits with banning the death penalty.

Who It Names or Affects

• People involved in criminal justice processes in Delaware.
• The state government, including lawmakers and judges.

Terms To Know

Constitution

A set of rules that form the basis for how a country or state is run.

Capital Punishment

The legal process by which someone can be sentenced to death as punishment for certain crimes.

Limits and Unknowns

• This bill needs approval from the next General Assembly after a general election before it becomes part of the Constitution.
• It does not specify what happens to people currently on death row in Delaware.

Official Summary Text

AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO PROHIBITION OF THE DEATH PENALTY.
This Act is the first leg of a constitutional amendment to prohibit the imposition of the death penalty. The Act also removes reference to “capital offenses” in Section 12 of Article I because that language is inconsistent with a constitutional prohibition on the death penalty. The words “Section 11” and “Section 12” are struck to accord with the passage of a first leg constitutional amendment on technical corrections in the 152nd General Assembly (HB430), and the expected passage of the second leg in the 153rd General Assembly.

Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Lynn & Rep. Snyder-Hall & Rep. Bush & Sen. Hoffner

Reps. Harris, Ross Levin, Gorman, Lambert; Sen. Seigfried

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 35

AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO PROHIBITION OF THE DEATH PENALTY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Article I of the Delaware Constitution by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 11. Excessive bail or fines; cruel punishments;

prohibition of death penalty;

health of prisoners.

Section 11.

Excessive bail shall not be required, nor excessive fines imposed,

nor the death penalty imposed;

nor cruel punishments inflicted; and in the construction of jails a proper regard shall be had to the health of prisoners.

§ 12. Right to bail; access to accused.

Section 12.

All prisoners shall be bailable by sufficient

sureties, unless for capital offenses when the proof is positive or the presumption great;

sureties;

and when persons are confined on accusation

for such offenses

their friends and counsel may at proper seasons have access to them.

SYNOPSIS

This Act is the first leg of a constitutional amendment to prohibit the imposition of the death penalty. The Act also removes reference to “capital offenses” in Section 12 of Article I because that language is inconsistent with a constitutional prohibition on the death penalty. The words “Section 11” and “Section 12” are struck to accord with the passage of a first leg constitutional amendment on technical corrections in the 152nd General Assembly (HB430), and the expected passage of the second leg in the 153rd General Assembly.

Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.