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 the exact date when the next general election will take place, which affects how long it might take for the amendment to become part of the Constitution.

Proposing an End to Capital Punishment in Delaware

This act proposes changing the Delaware Constitution to ban the death penalty.

What This Bill Does

• Changes Article I of the Delaware Constitution by adding a clause that bans the use of the death penalty.
• Requires two-thirds approval from both houses of the General Assembly for this amendment to pass.

Who It Names or Affects

• People involved in criminal justice and legal processes in Delaware
• Government officials who enforce laws and manage the state's constitution

Terms To Know

Constitutional Amendment

A change to a country or state’s founding document, which sets out basic rules for how it is run.

Two-thirds Vote

When more than half of the members in each house of the General Assembly agree on something.

Limits and Unknowns

• The amendment needs to pass again after the next general election for it to become part of the Constitution.
• It is unclear how long this process will take or if it will be successful.

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.

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.

This Substitute for House Bill No. 35 makes technical corrections and omits the changes to § 12 of Article I to avoid confusion as there is a different currently pending amendment to that section.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Lynn & Rep. Snyder-Hall & Rep. Bush & Rep. Minor-Brown & Rep. Morrison & Sen. Hoffner

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

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE SUBSTITUTE NO. 1

FOR

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.

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

inflicted;

inflicted, nor the death penalty imposed;

and in the construction of jails a proper regard shall be had to the health of prisoners.

SYNOPSIS

This Act is the first leg of a constitutional amendment to prohibit the imposition of the death penalty.

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.

This Substitute for House Bill No. 35 makes technical corrections and omits the changes to § 12 of Article I to avoid confusion as there is a different currently pending amendment to that section.