Delaware 149th General Assembly (2017-2018) Status: Passed House Bipartisan · 11 R · 2 D cosponsors

HB 125 — 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

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 149th General Assembly (2017-2018). It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

This act will be known as 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 State Supreme Court in Hurst v. Florida, and by the Delaware Supreme Court in Rauf v. State. In accord with those cases, this Act will require that before a death sentence can be imposed, a jury (unless the Defendant waives their right to one) must first determine unanimously and beyond a reasonable doubt: that at least 1 statutory aggravating circumstance exists; which (if any) statutory and non-statutory aggravating circumstances alleged by the State exist; and whether all of the aggravating circumstances found to exist outweigh all of the mitigating circumstances found to exist. This Act also revises Delaware's death penalty statute to comply with the United State 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 State Supreme Court.

Bill Text

Action History

  1. Assigned to Judicial & Community Affairs Committee in Senate

  2. Passed By House. Votes: 24 YES 16 NO 1 ABSENT

  3. Reported Out of Committee (Judiciary) in House with 7 On Its Merits

  4. Introduced and Assigned to Judiciary Committee in House

Sponsors

Sponsorship breakdown

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6 sponsors · 15 co-sponsors · 41 not signed on · 16 voted No

Sponsors (6)

Co-sponsors (15)

Not signed on (41)

41 members have not signed on to this bill.

Show all 41 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 24 Yea · 16 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 121201
Democratic 3400
Republican 9000
Total 241601
% of votes cast 59%39%0%2%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Nay
Bryon H. Short — Nay
Charles Potter Jr. — Nay
David Bentz — Nay
Deborah Hudson — Yea
Earl G. Jaques Jr. — Yea
Gerald L. Brady — Nay
Harvey R. Kenton — Yea
Helene M. Keeley — Nay
James Johnson — Nay
John A. Kowalko — Nay
John J. Viola — Nay
John L. Mitchell — Yea
Joseph E. Miro — Nay
Melanie George Smith — Yea
Michael Mulrooney — Yea
Michael Ramone — Not Voting
Paul S. Baumbach — Nay
Peter C. Schwartzkopf — Yea
Quinton Johnson — Yea
Ruth Briggs King — Yea
Sean Matthews — Nay
Stephen Smyk — Yea
Valerie Longhurst — Yea
William R. Outten — Yea
Debra Heffernan Democratic Nay
Edward S. Osienski Democratic Yea
Kimberly Williams Democratic Nay
Sean M. Lynn Democratic Nay
Stephanie T. Bolden Democratic Nay
Trey Paradee Democratic Yea
William J. Carson Democratic Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
David L. Wilson Republican Yea
Jeffrey N. Spiegelman Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does HB 125 do?
This act will be known as 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 State Supreme Court in Hurst v. Florida, and by the Delaware Supreme Court in Rauf v. State. In accord with those cases, this Act will require that before a death sentence can be imposed, a jury (unless the Defendant waives their right to one) must first determine unanimously and beyond a reasonable doubt: that at least 1 statutory aggravating circumstance exists; which (if any) statutory and non-statutory aggravating circumstances alleged by the State exist; and whether all of the aggravating circumstances found to exist outweigh all of the mitigating circumstances found to exist. This Act also revises Delaware's death penalty statute to comply with the United State 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 State Supreme Court.
Who sponsors HB 125?
HB 125 is sponsored by Dave G. Lawson (Republican), Brian Pettyjohn (Republican), William J. Carson (Democratic), Gerald W. Hocker (Republican), Richard G. Collins (Republican), Timothy D. Dukes (Republican), Ronald E. Gray (Republican), Kevin S Hensley (Republican), Trey Paradee (Democratic), Daniel B. Short (Republican), Jeffrey N. Spiegelman (Republican), David L. Wilson (Republican), Lyndon D. Yearick (Republican), Ruth Briggs King, John L. Mitchell, Bruce C. Ennis, Stephen Smyk, William R. Outten, Harvey R. Kenton, Earl G. Jaques Jr., and Deborah Hudson.
What is the current status of HB 125?
This bill died with 149th General Assembly (2017-2018). It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 125?
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