CHAPTER 310

AN ACT TO AMEND TITLE 11, DELAWARE CODE, ENTITLED "CRIMES AND CRIMINAL PROCEDURE" BY RESTORING CAPITAL PUNISHMENT.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Section 107, Title 11, Delaware Code, is amended to read as follows:

§ 107. Capital punishment abolished; exception

Punishment by death for any crime in this State is abolished, provided, however, that this Section shall not apply to murder in the first degree.

Section 2. Section 571, Title 11, Delaware Code, is repealed and a new Section 571 is enacted in lieu thereof to read as follows:

§ 571. Murder in the first degree

Whoever commits the crime of murder with express malice aforethought, or in perpetrating, or attempting to perpetrate the crime of rape, kidnapping or treason, is guilty of murder in the first degree and of a felony and shall suffer death.

Section 3. No offense committed or forfeiture of penalty incurred prior to the date of this Act shall be affected by the passage of this Act, but Chapter 347, Volume 51, Delaware Laws shall be continued in full force and effect as to all such offenses, penalties and forfeitures.

NOTE: This bill became a law on December 18, 1961 without the approval of the Governor and in accordance with Section 18, Article 3 of the Constitution of Delaware.