Delaware General Assembly

Signed 6/30/03

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

6/5/03

Smith

Reps. Wagner, Spence, DiPinto, Lee, Buckworth, Ennis, Carey, D. Ennis, Ewing, Fallon, Hudson, Lavelle, Lofink, Maier, Oberle, Quillen, Reynolds, Ulbrich, Valihura, Gilligan, Hall-Long, Houghton, Keeley, Mulrooney, D.P. Williams
Sen. Blevins, Henry, Marshall, Vaughn, Peterson, Sokola, Sorenson, Venables, Still, F Simpson, Cloutier

AN ACT TO AMEND TITLES 10, 11, 16 AND 21 OF THE DELAWARE CODE RELATING TO CERTAIN CRIMES.

In addition to the changes set forth above, the Act will also increase the minimum weight of cocaine necessary to establish the crime of Trafficking in Cocaine from 5 grams to 10 grams. In order to facilitate substance abuse treatment for those offenders most likely to need it, the Department of Correction is authorized to house any defendant serving a prison sentence for any drug offense at Level IV during the last 180 days of any such sentence. The Department of Correction will also be authorized to house defendants convicted of most Title 21 traffic offenses at Level IV. Defendants in Title 21 cases involving injury or intoxication who are sentenced to Level V will be housed at either Level V or the Violation of Probation Center, at the discretion of the Department. Defendants in motor vehicle cases involving death who are sentenced to incarceration will continue to be housed at Level V. The Act will combat the alarming rise in the number of armed robberies and violent assaults committed by juveniles by transferring original jurisdiction over the crimes of Robbery First Degree and Assault First Degree from the Family Court to the Superior Court. By doing so, the Act provides the Superior Court with discretion to either retain jurisdiction over such cases, thereby substantially increasing the range of available penalties, or to transfer the case back to the Family Court for prosecution. In order to provide a meaningful deterrent to the commission of armed violent crimes by juveniles, the Act also establishes a one (1) year mandatory commitment to the custody of the Department for Children, Youth and Their Families for any juvenile adjudicated delinquent in the Family Court for acts constituting the felonies of Possession of a Firearm During the Commission of a Felony or Robbery in the First Degree (where either a deadly weapon is displayed or serious physical injury is caused to the victim).

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Takes effect upon being signed into law

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