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DE HB125
Bill
Status
5/9/2017
Primary Sponsor
Stephen Smyk
Click for details
AI Summary
HB 125 - Extreme Crimes Protection Act
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Requires that before imposing a death sentence, a jury must unanimously find beyond a reasonable doubt at least one statutory aggravating circumstance exists and that aggravating circumstances outweigh mitigating circumstances.
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Changes the standard for weighing aggravating and mitigating circumstances from "preponderance of the evidence" to "beyond a reasonable doubt" for death penalty determinations.
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Requires the jury to make unanimous and specific findings as to each aggravating circumstance alleged by the State, rather than just finding the existence of at least one aggravating circumstance.
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Replaces the term "serious intellectual developmental disorder" with "intellectual disability" and modifies the definition of significantly subaverage intellectual functioning to align with U.S. Supreme Court precedent in Hall v. Florida.
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Makes a death sentence discretionary for courts (using "may" instead of "shall") when jury findings support it, and requires courts to state reasons in writing when declining to impose death after a jury unanimously finds aggravating circumstances outweigh mitigating circumstances.
Legislative Description
An Act To Amend Title 11 Of The Delaware Code Relating To The Extreme Crimes Protection Act.
Last Action
Assigned to Judicial & Community Affairs Committee in Senate
5/10/2017