Amendment proposed to prohibit death penalty
A constitutional amendment prohibiting the death penalty was introduced Dec. 19.
The legislation, sponsored by Rep. Sean Lynn, D-Dover, is the first leg of a constitutional amendment that, if passed, would need approval by a consecutive General Assembly to become part of the state constitution.
House Bill 35 would need a two-thirds vote of the General Assembly to continue for a consecutive assembly vote – 28 votes in the House, 14 in the Senate.
Last session, Gov. John Carney signed into law a bill passed by the Legislature that eliminates the death penalty for a person convicted of first-degree murder. Under the new law, punishment is life without benefit of probation, parole or any other reduction.
That bill passed by simple majority. Another bill, HB 301, which was similar to the current constitutional amendment to prohibit the death penalty, failed to receive the necessary two-thirds vote in the House, and was defeated.
HB 26 is another bill that would need a two-thirds vote in consecutive General Assembly sessions because it seeks to create a new crime of plate flipping. It would be unlawful to possess or operate a motor vehicle that has a device that can change the license plate number or obscure the tag from view.
The penalty for the first offense would be a fine not less than $50 nor more than $200, imprisonment not less than 30 days nor more than 90 days, or both. For each subsequent offense, the fine is $100 to $300 with 90 days to six months imprisonment.
A separate bill, HB 21, would also need a two-thirds vote to change state code to add a Schedule I controlled substance. The bill would ban the sale of Tianeptine – a drug known as gas station heroin. The antidepressant drug is not approved by the Food and Drug Administration, but is being sold as a dietary supplement in gas stations and other shops, according to the bill. The two-thirds vote is needed to increase the violation from a misdemeanor to a Schedule I, similar to heroin and other narcotics.
