Sponsor: Sen. Buckson & Rep. D. Short, Sens. Lawson, Pettyjohn, Wilson; Reps. Spiegelman, Yearick
DELAWARE STATE SENATE
152nd GENERAL ASSEMBLY
SENATE BILL NO. 118
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE EXTREME CRIMES PROTECTION ACT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 4209, Title 11 of the Delaware Code relating to the punishment, procedure, and review of punishment for first-degree murder committed by adult offenders.
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This Act revises Delaware's death penalty statute to ensure compliance with the United States Constitution, as interpreted by the United States Supreme Court and the Delaware Supreme Court. Before a death sentence can be imposed, a jury must unanimously determine the existence of aggravating circumstances, whether statutory or not, and weigh all evidence in aggravation or mitigation beyond all doubt. The Act also prohibits the death penalty for individuals found "guilty, but mentally ill", adopts the term "intellectual disability", and narrows the scope of certain statutory aggravating circumstances.
Author: Senator Buckson