House Joint Resolution 38 History
HOUSE JOINT RESOLUTION NO. 38
(By Delegates Overington, Ellington, Barker,
R. Phillips, Sobonya, C. Miller, Armstead,
Walters, Storch, Gearheart and Sigler)
[Introduced February 15, 2011; referred to the
Committee on Constitutional Revision then the Judiciary.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending article VIII thereof, by adding thereto a
new section, designated section 16, relating to imposition of
capital punishment; numbering and designating such proposed
amendment; and providing a summarized statement of the purpose
of such proposed amendment.
Resolved by the Legislature of West Virginia, two thirds of
the members elected to each house agreeing thereto:
That the question of ratification or rejection of an amendment
to the Constitution of the State of West Virginia be submitted to
the voters of the state at the next general election to be held in
the year 2012, which proposed amendment is that article VIII
thereof be amended by adding thereto a new section, designated
section 16, to read as follows:
ARTICLE VIII. JUDICIAL POWER.
§16. Imposition of capital punishment.
____The Legislature shall provide by general law the procedure for the imposition of capital punishment.
Resolved further, That in accordance with the provisions of
article eleven, chapter three of the Code of West Virginia, 1931,
as amended, such proposed amendment is hereby numbered "Amendment
No. 1" and designated as the "Capital Punishment Amendment" and the
purpose of the proposed amendment is summarized as follows: "The
purpose of this amendment is to require the Legislature to approve
by general law capital punishment."
NOTE: The purpose of this resolution is to is to require the
Legislature to approve by general law capital punishment.
Strike-throughs indicate language that would be stricken from
the present Constitution, and underscoring indicates new language
that would be added.