HB 35

Abstract

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.