Delaware General Assembly

Lieu/Substituted 1/27/16

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

SS 1 for SB 163

7/15/15

Peterson

Sen. Henry, Townsend
Reps. J. Johnson, Potter

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO HABITUAL OFFENDERS.

This Act makes changes to the existing habitual criminal statute by focusing penalties on Title 11 felonies, eliminating a mandatory minimum sentence of life imprisonment, and providing a mechanism for those convicted under existing law to petition the court for a sentence modification. This Act provides for enhanced penalties for habitual criminals convicted of multiple felonies and distinguishes between Title 11 violent felonies and all other Title 11 felonies. Under this Act, a person is declared a habitual criminal upon conviction of a third Title 11 violent felonies or a fourth Title 11 felony of any kind. Conviction of a third or subsequent Title 11 violent felony carries a maximum penalty of up to life in prison and a minimum penalty of the average maximum sentences for the underlying Title 11 felonies. There is no provision requiring a mandatory life sentence, though the judge has discretion to impose a life sentence for any person declared a habitual criminal. This Act further provides an opportunity for those who were convicted under the existing law to petition for a sentence modification once the person has served any applicable minimum mandatory sentence. Such petitions for sentence modifications will be subject to court rules promulgated by the Superior Court.

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Takes effect upon being signed into law

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