CHAPTER 33

FORMERLY

HOUSE BILL NO. 8

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT CONCURRING IN A PROPOSED AMENDMENT TO ARTICLE IV, §11(1) OF THE DELAWARE CONSTITUTION OF 1897, AS AMENDED, RELATING TO THE JURISDICTION OF THE DELAWARE SUPREME COURT IN CRIMINAL CASES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Article IV, § 11(1) of the Delaware Constitution of 1897, as amended, by adding thereto a new paragraph, said paragraph to be designated as (1)(c), to read as follows:

'(1)(c) Notwithstanding any provisions of this Section to the contrary, to receive appeals from the Superior Court in criminal causes, upon application by the State in all causes in which the Superior Court, or any inferior court an appeal from which lies to the Superior Court, has granted an accused any of the following: a new trial or judgment of acquittal after a verdict, modification of a verdict, arrest of judgment, relief in any post-conviction proceeding or in any action collaterally attacking a criminal judgment, or a new punishment hearing in a capital case after the court has imposed a sentence of death, or any order or judgment declaring any act of the General Assembly, or any portion of any such act, to be unconstitutional under either the Constitution of the United States or the State of Delaware, inoperative or unenforceable, except that no appeal shall lie where otherwise prohibited by the double jeopardy clause of the Constitution of the United States or of this State. Notwithstanding anything in this Article to the contrary, the General Assembly may by statute implement the jurisdiction herein conferred."'

WHEREAS, the said proposed amendment was adopted by two-thirds of all members elected to each House of the 138th General Assembly:

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. The said proposed amendment is hereby concurred in and adopted, and shall forthwith become a part of the Constitution of the State of Delaware.

Effective May 6, 1997