Delaware General Assembly

Senate Judicial & Community Affairs 5/8/18

The General Assembly has ended, the current status is the final status.

5/8/18

Delcollo

Sen. Lavelle, Lopez, Poore
Reps. Mitchell, Smyk, K. Williams

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO OFFENSES INVOLVING DEADLY WEAPONS.

This Act increases the penalties for certain offenses involving deadly weapons as follows: 1. For possession of a deadly weapon during the commission of a felony, from 2 to 5 years. 2. For possession of a firearm during the commission of a felony, generally, from 3 to 6 years. 3. For possession of a firearm during the commission of a felony, if the defendant has been convicted of 2 or more prior felonies, from 5 to 10 years. 4. For possession of a firearm or destructive weapon by a person prohibited who has been convicted of a violent felony, from 3 to 6 years. 5. For possession of a firearm or destructive weapon by a person prohibited who engages in the possession within 10 years of the conviction of a violent felony, from 5 to 10 years. 6. For possession of a firearm or destructive weapon by a person prohibited who has been convicted of 2 or more violent felonies, from 10 to 12 years. 7. For possession of a firearm by a person prohibited who negligently causes serious physical injury or death of another person through the use of the firearm, from 4 to 7 years. 8. For possession of a firearm by a person prohibited who negligently causes serious physical injury or death of another person through the use of the firearm and does so within 10 years of a conviction of a violent felony, from 6 to 12 years. 9. For possession of a firearm by a person prohibited who negligently causes serious physical injury or death of another person through the use of the firearm and has been convicted of 2 or more violent felonies, from 10 to 20 years. This Act increases the class of felony assigned to possession of a deadly weapon by a person prohibited under § 1448(e) of Title 11 to insure that the minimum sentence required by this Act does not exceed the maximum sentence for the class of felony assigned to the crime.

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Takes effect upon being signed into law

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