Bill > HB35

This bill proposes a constitutional amendment to the Delaware Constitution that would explicitly prohibit the death penalty, specifically by modifying Article I, Section 11. The bill would add language to Section 11 stating "prohibition of death penalty" in the section heading and insert text that directly forbids the imposition of the death penalty alongside existing prohibitions against excessive bail, excessive fines, and cruel punishments. By making these changes, Delaware would constitutionally ban capital punishment, ensuring that no person can be sentenced to death in the state. This amendment represents a significant shift in the state's approach to criminal justice, removing the legal possibility of capital punishment and aligning the state constitution with evolving perspectives on criminal sentencing. The bill is part of a two-step legislative process to amend the state constitution, with this being the first leg of the amendment process that will require subsequent approval in a future legislative session.

Government Affairs

https://legis.delaware.gov/BillDetail?LegislationId=141735