05 May 2017 :

The House Judiciary committee voted 7-4 to send HB 125 to the full House of Representatives for a vote. Under the "Extreme Crimes Protection Act", jurors would have to find unanimously and beyond a reasonable doubt that a defendant should be executed. A judge would have to agree with the jury for the death penalty to be imposed but would have the discretion to sentence a defendant to life in prison. A majority of justices last year declared Delaware' s death penalty law unconstitutional because it allowed judges too much discretion and did not require that a jury find unanimously and beyond a reasonable doubt that a defendant deserves execution. A group of lawmakers, both Republicans and Democrats, are pushing to change the law to address those concerns. Their legislation would require a unanimous jury to rule on the aggravating circumstances and raise the burden of proof to the highest standard. "We're not trying to enact capital punishment, we're trying to restore it," said Rep. Steve Smyk, R-Milton, the bill's chief House sponsor. Dozens of members of the public testified during the hearing. Many of those speaking in favor of the bill were law enforcement officers.