CHAPTER 297
FORMERLY
HOUSE BILL NO. 312
AS AMENDED BY
HOUSE AMENDMENT NO. 2
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SENTENCING.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Title 11, § 3901(d) of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 3901 Fixing term of imprisonment; credits.
(d) No 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
803 Arson in the first degree
826 Burglary in the first degree
825 Burglary in the second degree
826A Home Invasion
636 Murder in the first degree
635 Murder in the second degree
632 Manslaughter
783 Kidnapping in the second degree
783A Kidnapping in the first degree
606 Abuse of a pregnant female in the first degree
613 Assault in the first degree
832 Robbery in the first degree
836 Carjacking 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
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.
(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.
Approved July 09, 2014