CHAPTER 189

FORMERLY

SENATE SUBSTITUTE NO. 1

TO

SENATE BILL NO. 79

AN ACT TO AMEND TITLE 11, DELAWARE CODE RELATING TO THE IMPOSITION OF THE DEATH PENALTY.

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

Section 1. Amend Section 4209 (c)(3), Title 11, Delaware Code by striking subsection (c)(3) in its entirety and inserting in lieu thereof the following:

"(3)(a) Upon the conclusion of the evidence and arguments the judge shall give the jury appropriate instructions and the jury shall retire to deliberate and recommend to the Court an answer to the following questions:

(i) Whether the evidence shows beyond a reasonable doubt the
existence of at least one aggravating circumstance as enumerated in subsection (e) of this section; and

(i) Whether, by a preponderence of the evidence, after weighing all relevant evidence in aggravation or mitigation which bear upon the particular circumstances or details of the commission of the offense and the character and propensities of the offender, the aggravating circumstances found to exist outweigh the mitigating circumstances found to exist.

(b) The jury shall report to the Court its final vote by the number of each affirmative and negative votes on each question."

Section 2. Amend Section 4209 (d), Title 11, Delaware Code by striking Section 4209 (d) in its entirety and inserting in lieu thereof the following:

"(d) Determination of sentence. (1) A sentence of death shall be

imposed, after considering the recommendation of the jury, if a jury is impaneled, if the Court finds:

(1)(a) Beyond a reasonable doubt at least 1 statutory aggravating circumstance; and

(b) By a preponderance of the evidence, after weighing all

relevant evidence in aggravation or mitigation which bears upon the particular circumstances or details of the commission of the offense and the character and propensities of the offender, that the aggravating circumstances found by the Court to exist outweigh the mitigating circumstances found by the Court to exist.

(2) Otherwise, the Court shall impose a sentence of imprisonment for the remainder of the defendant's natural life without benefit of probation or parole or any other reduction.

(3) If the Court imposes a sentence of death, it shall set forth in writing its findings upon which the sentence of death is based."

Section 3. Amend Section 4209 (e)(1) by striking the words "jury,

unanimously, or judge when applicable," and inserting in lieu thereof the word "judge".

Section 4. Amend Section 4209 (g)(2) by striking the words "jury's or".

Section 5. Amend Section 4209 (g)(4) by striking subsection (b) and

relettering the remaining subsections.

of the Governor and shall apply to all defendants tried or sentenced after its effective date.

Approved November 4, 1991.