CHAPTER 281

FORMERLY

HOUSE BILL NO. 32

AS AMENDED BY HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 2

AN ACT TO AMEND CHAPTER 42, SECTION 4209, TITLE 11 OF ME DELAWARE CODE, RELATING TO THE METHOD OF PUNISHMENT FOR FIRST DEGREE MURDER.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 42, Section 4209, Title 11 of the Delaware Code by striking subsection (f) of said section in its entirety and substituting in lieu thereof a new subsection (f) to read as follows:

"(f) Method and imposition of sentence of death. The imposition of a sentence of death shall be upon such terms and conditions as the trial court may impose in its sentence, including the place, the number of witnesses and conditions of privacy. Punishment of death shall, in all cases, be inflicted by intravenous injection of a substance or substances in a lethal quantity sufficient to cause death and until such person sentenced to death Is dead, and such execution procedure shall be determined and supervised by the Commissioner of the Department of Corrections. The administration of the required lethal substance or substances required by this Section shall not be construed to be the practice of medicine and any pharmacist or pharmaceutical supplier is authorized to dispense drugs to the Commissioner or his designee. without prescription, for carrying out the provisions of this Section, notwithstanding any other provision of law. Such sentence may not be carried out until final review thereof is had by the Delaware Supreme Court as provided for in subsection (g) of this section. The Court or the Governor may suspend the execution of the sentence until a later date to be specified, solely to permit completion of the process of judicial review of the conviction.

If the execution of the sentence of death as provided above is held unconstitutional by a court of competent Juriadiction, then punishment of death shall, in all cases, be inflicted by hanging by the neck. The imposition of a sentence of death shall be upon such terms and conditions as the trial court may impose to its sentence, including the place, the number of witnesses and conditions of privacy. Such sentence may not be carried out until final review thereof is had by the Delaware Supreme Court as provided In subsection (g) of this section. The Court or the Governor may suspend the execution of the sentence until a later date to be specified, solely to permit completion of the process of judicial review of the conviction."

Section 2. If any provision of this act or the application thereof to any person or circumstance is held invalid. such invalidity shall not affect any other provision or application of this act which can be given effect without the invalid provision or application, and to that and the provisions of this act are declared to be severable.

Section 3. This Act shall become effective only for acts committed after its enactment except that any person sentenced to death for acu committed prior to the enactment of this act shall be permitted to elect lethal injection, as provided herein, as the method of death. The Commissioner of the Department of Correction by regulation shall determine the procedures for such election.

Approved June 13, 1986