Delaware General Assembly

Signed 7/19/16

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

SB 163

1/27/16

Peterson

Reps. J. Johnson, M. Smith

Sen. Henry, Townsend
Rep. 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 felony or a fourth Title 11 felony of any kind. If a person is convicted of a Title 11 felony that is designated as a violent felony, and has prior convictions of three felonies of any kind, the person will receive a minimum mandatory sentence equal to one half the statutory maximum penalty allowed for the final conviction. If however, one of the three prior felonies is a Title 11 felony that is designated as a violent felony, the person will receive a minimum mandatory sentence equal to the statutory maximum penalty allowed for the final conviction If a person is convicted of a third Title 11 felony that is designated as a violent felony, the person will receive a minimum mandatory sentence equal to the statutory maximum penalty allowed for the final conviction 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 apply for a sentence modification once the person has served any applicable minimum mandatory sentence. Such applications for sentence modifications will be subject to court rules promulgated by the Superior Court in accordance with the requirements of the statute.

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Takes effect upon being signed into law

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