DOVER, Del. — Delaware lawmakers have taken a key step toward permanently banning capital punishment, with the State Senate voting 14 to 7 on June 30 to pass a proposed constitutional amendment that would eliminate the death penalty for good. The measure, House Substitute 1 for House Bill 35, seeks to update the state constitution to prohibit capital punishment under Article I, Section 11. The bill already passed the House with bipartisan support and now moves forward as the first leg of a constitutional change, which must pass again in the next legislative session by a two-thirds vote. Advocates say the amendment would ensure the death penalty cannot be reinstated in the future. Although Delaware repealed its death penalty statute in 2024, and courts have repeatedly ruled it unconstitutional, lawmakers argue that codifying the ban is necessary to close the door for good. Delaware’s history with capital punishment has been inconsistent. The penalty was abolished in 1958, reinstated in later decades, and ultimately struck down again in 2016. Since that ruling, supporters say the state has seen continued declines in violent crime and homicides, undermining arguments that executions are an effective deterrent. The Delaware Coalition to Abolish the Death Penalty applauded the move, citing fiscal waste and legal failures tied to past enforcement. The amendment now awaits a second legislative vote next session to be fully adopted.
