Delaware General Assembly

Out of Committee 6/2/05

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

5/12/05

DiPinto

Sen. McDowell, Sorenson

Reps. Spence, Fallon, Hudson, Lavelle, Maier, Miro, Oberle, Stone, Wagner, Gilligan, VanSant, Ennis, Hall-Long, J. Johnson, Keeley, Longhurst, McWilliams, Mulrooney, Plant, Schooley, Viola
Sen. Bunting, Henry, Peterson, Sokola, Cloutier, Copeland, F Simpson

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO DRUG OFFENSES.

This Bill repeals mandatory minimum sentences in Title 16 relating to violations of our drug laws, returning to our State’s outstanding judiciary the discretion to pronounce sentences appropriate to the cases and individuals before them. Delaware’s sentencing guidelines and Truth-in-Sentencing Law will remain in force, helping to guide judges in their decisions and ensuring offenders’ completion of their sentences. Allowing judges to individually craft criminal sentences will result in more accurate sentences, thereby reducing the injustice, elevated incarcerated population, and excessive cost risked by one-size-fits-all mandatory minimum drug sentencing laws. With such discretion, judges will be equipped to identify drug dealers and imprison them, to recognize those in need of drug treatment and treat them, and to handle all offenders as unique individuals and sentence them appropriately.

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Takes effect upon being signed into law

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