Delaware 2025-2026 Regular Session

Delaware House Bill HB35

Introduced
12/19/24  
Introduced
6/17/25  
Refer
12/19/24  
Engrossed
6/24/25  
Refer
6/24/25  

Caption

An Act Proposing An Amendment To Article I Of The Delaware Constitution Relating To Prohibition Of The Death Penalty.

Impact

If enacted, the bill would fundamentally alter the legal landscape concerning capital punishment in Delaware. The proposed amendment would eliminate the death penalty as a sentencing option, requiring the state to pivot towards alternative forms of punishment for the most severe crimes. This shift could have significant implications for ongoing and future cases involving individuals facing the death penalty, potentially commuting sentences to life imprisonment without parole.

Summary

House Bill 35 proposes an amendment to Article I of the Delaware Constitution aimed at prohibiting the death penalty. This initiative represents a legislative effort to align Delaware's criminal justice system with contemporary views on capital punishment, emphasizing a shift toward more humane policies. The bill seeks to amend the constitution to explicitly state that the death penalty cannot be imposed, reflecting a growing sentiment across various states that have recently abolished capital punishment.

Sentiment

The discussions surrounding HB 35 indicated a largely positive sentiment among supporters who believe that abolishing the death penalty is a step towards a more equitable and humane justice system. Yet, there is also a notable contention from opponents who argue that the death penalty serves as a necessary tool for delivering justice in the most heinous cases. This divide highlights a critical societal debate about the morality and effectiveness of capital punishment.

Contention

Key points of contention include moral arguments surrounding the death penalty's ethical implications and its efficacy as a deterrent to crime. Supporters of the bill argue it is an inhumane form of punishment that disproportionately impacts marginalized communities, while opponents assert it may undermine justice for victims and their families. The bill's implementation hinges on its ability to navigate these opposing viewpoints and garner the necessary legislative support to pass through the required two-thirds majority.

Companion Bills

No companion bills found.

Previously Filed As

DE HB301

An Act Proposing An Amendment To Section 11, Article I Of The Delaware Constitution Relating To Prohibiting The Imposition Of The Death Penalty.

DE SB180

An Act Proposing An Amendment To Article V Of The Delaware Constitution Relating To Voting.

DE SB79

An Act Proposing An Amendment To Article Ii And Article Iii Of The Delaware Constitution Relating To Term Limits.

DE SB3

An Act Proposing An Amendment To Article V Of The Delaware Constitution Relating To Voting.

DE HB220

An Act Proposing An Amendment To Article I Of The Delaware Constitution Relating To Protecting Delawares Natural Resources.

DE SB11

An Act Proposing An Amendment To Article I Of The Delaware Constitution Relating To Criminal Procedures.

DE HB237

An Act Proposing An Amendment To Article Iv Of The Delaware Constitution Relating To The Judiciary.

DE HB238

An Act Proposing An Amendment To Article Iv Of The Delaware Constitution Relating To The Court Of Chancery.

DE HB251

An Act Proposing An Amendment To Section 12 Of Article I Of The Delaware Constitution Relating To Bail.

DE HB430

An Act Proposing Amendments To The Delaware Constitution Relating To Technical Corrections.

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