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State Legislature US Congress
All 5,473 Active 1,270 In committee 1,212 Passed 1,743 Signed 2,402 Failed 44

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in committee · Delaware · Senate May 9, 2023

SB 118: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE EXTREME CRIMES PROTECTION ACT.

This Act revises Delaware's death penalty statute to ensure its compliance with the United States Constitution, as interpreted by the United States Supreme Court in Hurst v. Florida, and by the Delaware Supreme Court in Rauf v. State. In accordance with these cases, this Act requires that before a death sentence can be imposed, a jury, unless waived by the defendant, must first unanimously determine all of the following: (1) That at least 1 aggravating circumstance exists. (2) Which, if any, statutory and non-statutory aggravating circumstances alleged by the State exist. (3) Whether all of the aggravating circumstances found to exist outweigh all of the mitigating circumstances found to exist. This Act requires that the jury or Court determining the appropriate sentence must make the required findings beyond all doubt. This heightened standard is greater than the usual criminal standard of beyond a reasonable doubt. The beyond all doubt standard recognizes that even after finding the defendant guilty of first-degree murder beyond a reasonable doubt it is possible that a juror or the Court may still harbor residual or lingering doubt as to the defendant’s guilt and that the existence of such doubt, whether held individually or collectively by a jury, or by a Court, is sufficient to preclude the imposition of the death penalty. This Act revises Delaware's death penalty statute to comply with the United States Supreme Court's holding in Hall v. Florida, interpreting standards set forth in Atkins v. Virginia. This Act adopts the term "intellectual disability" used by the United States Supreme Court. This Act recognizes developing trends in death penalty jurisprudence and the American Bar Association's Resolution 122A (2006), of August 8, 2006, by prohibiting the imposition of the death penalty upon a person who has been found "guilty, but mentally ill", as defined by § 401 of Title 11 of the Delaware Code. This Act narrows the scope of some of the most commonly used statutory aggravating circumstances - those applicable in cases involving defendants with previous convictions for violent felonies and murders committed during the commission of other enumerated felonies. Several other statutory aggravating circumstances have been combined to eliminate duplication, eliminated entirely, or otherwise clarified. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Dave Wilson (R) Lyndon Yearick (R) Val Longhurst (D) Brian Pettyjohn (R) Danny Short (R)
in committee · Delaware · House May 3, 2023

HB 96: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO VOTING IN SCHOOL ELECTIONS.

This Act reduces the eligible age of a citizen to vote in school board elections for purposes of electing members to the school board from 18 years old to 16 years old. For all other public school elections, which includes referendums, the minimum voting age remains 18 years old. This Act also adds a driver education learner’s permit, Level 1 learner’s permit, and school transcript to the list of documents that may be presented to determine identification, and residence in the school district, in order to vote. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act will take effect January 1 after its enactment into law.
Pete Schwartzkopf (D) Sarah McBride (D) Madinah Wilson-Anton (D) Spiros Mantzavinos (D) Eric Morrison (D)
in committee · Delaware · Senate May 3, 2023

SB 100: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DESIGNATION OF VIOLENT FELONIES.

This Act adds Drug Dealing or Possession - Tier 3 to the list of violent felonies under section 4201(c) of Title 11 in recognition of the association of higher drug volumes and gun violence. Nothing in this act is intended to affect the violent felony status of pre-2019 Title 16 convictions, which are explicitly preserved in 11 Del. C. 4201(c).
Frank Cooke (D) Tim Dukes (R) Sarah McBride (D) Stell Selby (D) Jack Walsh (D)
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