AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO DRUGS USED IN GOVERNMENT-SANCTIONED EXECUTIONS.

Plain English Breakdown

The official text states the bill passed both chambers but does not list an effective date; enforcement timing remains uncertain until signed by the Governor or enacted.

HB61: Rules on Selling Drugs for Executions

This bill makes it illegal for Delaware organizations to sell drugs they know or should know will be used in government executions and requires special paperwork when selling pentobarbital.

What This Bill Does

• Stops organizations formed under Delaware law from selling, distributing, or giving out drugs if their leaders know or should know the drugs will be used for a government-sanctioned execution.
• Requires anyone selling the drug pentobarbital to get a signed statement saying it will not be used in an execution.
• Makes top leaders of these organizations guilty of a Class A felony and subject to fines up to $50,000 if they break this rule.
• Removes the corporate charter (legal existence) of any Delaware corporation found liable under this law.

Who It Names or Affects

• Organizations formed under the laws of Delaware that sell or distribute drugs.
• The highest-ranking officers, directors, partners, or leaders of those organizations.
• Any person selling the specific drug pentobarbital in Delaware.

Terms To Know

Class A felony

A very serious crime that carries heavy punishment under state law.

Corporate charter revocation

The government cancels the legal permission for a corporation to exist and do business in Delaware.

Government-sanctioned execution

A death penalty carried out by order of the state or federal government.

Limits and Unknowns

• The bill only applies to organizations formed under Delaware laws, not those from other states.
• It is unclear if this law will take effect immediately since it has passed the legislature but no effective date is listed yet.
• The text does not explain exactly how officials will prove an officer 'should have known' a drug would be used for execution.

Official Summary Text

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO DRUGS USED IN GOVERNMENT-SANCTIONED EXECUTIONS.
This Act creates civil and criminal liability for a corporation or other business organized under the laws of this State that sells, distributes, or dispenses a drug that is used as part of a government-sanctioned execution.

Under this Act, the highest-ranking officer of the organization that sells, distribute, or dispenses a drug that the officer knows or should know will be used in any capacity in a government-sanctioned execution is guilty of a class A felony and is subject to a civil penalty of not more than $50,000. If the organization is a corporation, its corporate charter will also be revoked.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Lynn

Reps. K. Johnson, Lambert, Phillips

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 61

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO DRUGS USED IN GOVERNMENT-SANCTIONED EXECUTIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subchapter III, Chapter 47, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4740C. Prohibition on the sale of drugs for use in government-sanctioned executions; pentobarbital.

(a) For purposes of this section:

(1) “Officer” means the highest-ranking director, partner, or other leader of an organization who has authority over and responsibility for the organization’s sale or distribution of drugs.

(2) “Organization” means any entity listed in the definition of “person” under § 302 of Title 1, other than an individual.

(b) An organization organized under the laws of this State may not sell, distribute, or dispense a drug if the organization’s officer knows or should know that the drug will be used in any capacity in a government-sanctioned execution.

(c) A person that sells, distributes, or dispenses a drug containing any quantity of pentobarbital must require the purchaser to sign an attestation that the drug will not be used, or sold to another individual to use, in the government-sanctioned execution of an individual.

(d) An officer of an organization is civilly and criminally liable for a violation of this section if the officer knew or should have known that an agent or employee of the organization was selling, distributing, or dispensing drugs in violation of this section.

(e) A person that violates this section is guilty of a class A felony and is subject to a civil penalty of not more than $50,000.

(f) If the person that violates this section is a corporation organized under the laws of this State, the charter of the corporation will be revoked on a finding of criminal or civil liability for the violation.

SYNOPSIS

This Act creates civil and criminal liability for a corporation or other business organized under the laws of this State that sells, distributes, or dispenses a drug that is used as part of a government-sanctioned execution.

Under this Act, the highest-ranking officer of the organization that sells, distribute, or dispenses a drug that the officer knows or should know will be used in any capacity in a government-sanctioned execution is guilty of a class A felony and is subject to a civil penalty of not more than $50,000. If the organization is a corporation, its corporate charter will also be revoked.