Legislation Document

AMEND House Bill No. 5 by deleting lines 3 through 49 in their entirety and inserting in lieu thereof the following:

“§ 3901 Fixing term of imprisonment; credits.

(d) The court shall direct whether the sentence of confinement of any criminal defendant by any court of this State shall be made to run concurrently or consecutively with any other sentence of confinement imposed on such criminal defendant. Notwithstanding the foregoing, no sentence of confinement of any criminal defendant by any court of this State shall be made to run concurrently with any other sentence of confinement imposed on such criminal defendant for any conviction of the following crimes:

Title 11, Section Crime

606 Abuse of a pregnant female in the first degree

613 Assault in the first degree

632 Manslaughter

635 Murder in the second degree

636 Murder in the first degree

772 Rape in the second degree

773 Rape in the first degree

777A Sex offender unlawful sexual conduct against a child

778(1), (2) or (3) Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree

783 Kidnapping in the second degree

783A Kidnapping in the first degree

803 Arson in the first degree

825 Burglary in the second degree

826 Burglary in the first degree

826A Home invasion

832 Robbery in the first degree

836 Carjacking in the first degree

1254 Assault in a detention facility

1447A Possession of a firearm during the commission of a felony or for any sentence for possession of a firearm by a person prohibited where the criminal defendant was previously convicted of a Title 11 violent felony.

1447A Possession of a firearm during the commission of a felony if the firearm was used, displayed, or discharged during the commission of a Title 11 or Title 31 violent felony as set forth in § 4201(c) of this title.

Notwithstanding the foregoing, where there are multiple victims, any sentence for each victim shall be consecutive to one another for the following crimes:

Title 11, Section. Crime

632 Manslaughter

(e) For purposes of this section, "Title 11 violent felony" means any Title 11 offense identified in § 4201(c) of this title, or any offense set forth under the laws of the United States, any other state or any territory of the United States which is the same as or equivalent to any of the offenses designated as a Title 11 offense identified in § 4201(c) of this title. ”