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

Plain English Breakdown

The official status shows passage by the Senate but does not confirm final enrollment or Governor's signature, though the summary states it passed both chambers.

HB35: Proposal to Ban the Death Penalty in Delaware

This bill proposes a change to the Delaware Constitution that would ban the death penalty and remove old rules about serious crimes.

What This Bill Does

• Adds language to Section 11 of Article I stating that the death penalty shall not be imposed.
• Removes references to 'capital offenses' from Section 12 because they conflict with banning the death penalty.
• Updates section numbers in Article I to match previous technical corrections made by HB430.

Who It Names or Affects

• The Delaware General Assembly, which must approve this amendment twice with an election between votes.
• Prisoners and courts involved in criminal sentencing under current death penalty laws.

Terms To Know

First leg

The first time a constitutional amendment must pass the legislature before it can be voted on again after an election.

Capital offenses

Crimes that were previously punishable by death, such as murder in certain cases.

Constitutional amendment

A formal change to the state's Constitution that requires special voting rules and approval after an election.

Limits and Unknowns

• This bill is only the first step; it cannot become law until passed again by a future General Assembly.
• The effective date of this amendment depends on passing the second leg after the next general election.
• The text does not specify how current death penalty cases would be handled if the change passes.

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.