DE SB118

Requires jury unanimous finding "beyond all doubt" that at least one aggravating circumstance exists before death penalty can be imposed, establishing a standard higher than "beyond a reasonable doubt."

Mandates jury unanimously determine which statutory and non-statutory aggravating circumstances exist and whether aggravating circumstances outweigh mitigating circumstances, with both findings required beyond all doubt.

Prohibits death penalty for defendants found "guilty, but mentally ill" and adopts "intellectual disability" terminology, requiring clear and convincing evidence of intellectual disability at time of offense to bar capital punishment.

Narrows scope of statutory aggravating circumstances by eliminating duplication, repealing murder for pecuniary gain, murder of victims age 62 or older, and murder of victims age 14 or younger, while consolidating witness retaliation provisions.

Expands previous violent felony aggravating circumstance to specifically include rape, kidnapping, and serious physical injury by firearm or deadly weapon rather than general "use or threat of force," and requires automatic Delaware Supreme Court review of all death sentences on the record.