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.