Delegate Folk and McGeehan move to amend the bill on page two, section 409, line twenty-five, following the period by inserting a subsection (d) to read as follows:

 

          “(d) Notwithstanding any provision of this code to the contrary, all increased penalties specified in Article 4. Section 60A-4-409 of the code of West Virginia, 1931, and in a proper criminal court proceeding, the jury will be granted the power to judge the just application of the law and to deliver a verdict according to conscience. The Judge shall inform the jury with the following instruction, “Members of the jury, our nation’s second president, John Adams stated, “It is not only the juror’s right, but his duty to find the verdict according to his own best understanding, judgment and conscience, though in direct opposition to the instruction of the court. “Ladies and Gentlemen, the jury is the judges of the law as well as the facts of the case. So that whatever I tell you about the law, while it is intended to be helpful to you in reaching a just and proper verdict in the case, it is not binding upon you as members of the jury and you may accept or reject it. And you may apply the law as you apprehend it to be in the case. If the jury determines any section of this code to be unjust, or immoral, or against the principle of proportionality, it is their solemn duty to invalidate said code. “