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DE HB299

Bill

Status

Introduced

3/12/2020

Primary Sponsor

Daniel Short

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Origin

House of Representatives

150th General Assembly

AI Summary

HB 299 Summary

  • Requires jury unanimity and beyond-reasonable-doubt findings on at least one statutory aggravating circumstance before imposing death penalty, consistent with U.S. Supreme Court rulings in Hurst v. Florida and Rauf v. State

  • Prohibits death penalty for defendants convicted of "guilty, but mentally ill" and adopts "intellectual disability" terminology from Hall v. Florida and Atkins v. Virginia

  • Limits statutory aggravating circumstances to four categories: mass murder (3+ deaths in public place), repeat murder offender, horribly inhumane murder (involving torture or explosives), and hate crimes

  • Requires jury to unanimously find that aggravating circumstances outweigh mitigating circumstances beyond a reasonable doubt; jury recommendation is not binding on the court

  • Allows defendants to file motions claiming intellectual disability at time of crime, which requires court findings and bars death penalty if proven by clear and convincing evidence

Legislative Description

An Act To Amend Title 11 Of The Delaware Code Relating To The Egregious Crimes Accountability Act.

Last Action

Introduced and Assigned to Judiciary Committee in House

3/12/2020

Committee Referrals

Judiciary3/12/2020

Full Bill Text

No bill text available