2012 -- S 2213

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LC00417

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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S E N A T E R E S O L U T I O N

TO APPROVE AND SUBMIT TO THE ELECTORS A PROPOSITION OF AMENDMENT TO

THE STATE CONSTITUTION REGARDING IMPOSITION OF PUNISHMENT BY DEATH

     Introduced By: Senators Tassoni, Ottiano, Shibley, and Kettle

     Date Introduced: January 24, 2012

     Referred To: Senate Judiciary

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      RESOLVED, That a majority of all the members elected to each house of the general

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assembly and voting therefore, that the following amendment to the constitution of the state be

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proposed to the qualified electors of the state in accordance with the provisions of Article XIV of

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the constitution, for their approval and that it be added to the constitution as Article XVI:

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     ARTICLE XVI

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     DEATH PENALTY

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      SECTION 1. Death penalty permitted. -- No provision of this constitution shall be

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construed as prohibiting the imposition of the punishment of death, so long as said punishment is

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imposed in conformity with the United States constitution, as interpreted by the United States

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supreme court.

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      SECTION 2. Review by supreme court. -- Upon the pronouncement of a sentence of

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death, whether or not the person so sentenced seeks appellate review of his or her conviction, the

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supreme court of this state shall review the sentence to assure that it has been imposed in

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conformity with the constitution and laws of the United States and of this state.

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      SECTION 3. Commutation power of governor. -- The governor may, at any time after

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the supreme court’s review of said sentence of death as provided in section 2, in his or her sole

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discretion, commute said sentence to a term of life imprisonment, without the possibility of

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parole.

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      IT IS FURTHER RESOLVED, That the said proposition of amendment shall be

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submitted to the electors for their approval or rejection at the next statewide general election. The

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voting places in the several cities and towns shall be kept open during the hours required by law

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for voting therein for general officers of the state; and be it further

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      RESOLVED, That the Secretary of State shall cause the said proposition of amendment

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to be published as part of this resolution in the newspapers of the state prior to the day of the said

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meetings of the said electors; and the said proposition shall be inserted in the warrants or notices

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to be issued previous to said meetings of the electors for the purpose of warning the town, ward,

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or district meetings and said proposition shall be read by the town, ward, or district clerks to the

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electors in the town, ward, or district meetings to be held as aforesaid; and be it further

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      RESOLVED, That the town, ward, and district meetings to be held as aforesaid shall be

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warned, and the list of voters shall be canvassed and made up, and the said town, ward, and

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district meetings conducted in the same manner as now provided by law for the town, ward, and

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district meetings for the election of general officers of the state.

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LC00417

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