CHAPTER 512

FORMERLY HOUSE BILL NO.

837 AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT PROPOSING AN AMENDMENT TO SECTION 4 and SECTION 8, ARTICLE 1 OF THE CONSTITUTION OF THE STATE OF DELAWARE, RELATING TO THE NECESSITY OF PROCEEDING BY INDICTMENT.

Be it enacted by the General Assembly of the State of Delaware (Two-thirds of all members elected to each branch thereof concurring therein):

Section 1. Amend Article 1, Section 4 of the Delaware Constitution of 1897 by striking the first sentence in said section, and substituting in lieu thereof the following:

"Except as provided by Section 8 of this Article, trial by jury shall be as heretofore."

Section 2. Article 1, Section 8 of the Delaware Constitution is hereby amended by striking said section in its entirety and inserting in lieu thereof the following:

"An accused shall not be held to answer for a felony unless by indictment of a grand jury or by information and shall not be held to answer for a misdemeanor unless by information, complaint or otherwise as provided by law, except in cases arising in the military while in actual service in time of war or public danger; and no person shall be for the same offense twice put in jeopardy of life or limb; nor shall any man's property be taken or applied to public use without the consent of his representatives, and without compensation being made."