CHAPTER 477
FORMERLY
HOUSE BILL NO. 507
AS AMENDED BY HOUSE AMENDMENT NO. 1 AND
SENATE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO HABITUAL CRIMINALS AND DEFINING VIOLENT FELONIES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 4201 of Title 11 of the Delaware Code by adding a new subsection thereto, said new subsection to read:
"(c) The following felonies shall be designated as violent felonies:
Title 11. Section Crime
513 Conspiracy First Degree
602 Aggravated Menacing
604 Reckless Endangering First Degree
612 Assault in the Second Degree
613 Assault in the First Degree
614 Assault on a Sports Official
629 Vehicular Assault in the First Degree
630 Vehicular Homicide in the Second Degree
630A Vehicular Homicide in the First Degree
631 Criminally Negligent Homicide
632 Manslaughter
633 Murder by Abuse or Neglect in the Second Degree
634 Murder by Abuse or Neglect in the First Degree
635 Murder in the Second Degree
636 Murder in the First Degree
645 Promoting Suicide
768 Unlawful Sexual Contact in the Second Degree
769 Unlawful Sexual Contact in the First Degree
770 Unlawful Sexual Penetration in the Third Degree
771 Unlawful Sexual Penetration in the Second Degree
772 Unlawful Sexual Penetration in the First Degree
773 Unlawful Sexual Intercourse in the Third Degree
774 Unlawful Sexual Intercourse in the Second Degree
775 Unlawful Sexual Intercourse in the First Degree
776 Sexual Extortion
777 Bestiality
778 Continuous Sexual Abuse of Child
779 Dangerous Crime Against a Child
782 Unlawful Imprisonment in the First Degree
783 Kidnapping in the Second Degree
783A Kidnapping in the First Degree
802 Arson in the Second Degree
803 Arson in the First Degree
825 Burglary in the Second Degree
826 Burglary in the First Degree
831 Robbery in the Second Degree
832 Robbery in the First Degree
846 Extortion
1108 Sexual Exploitation of a Child
1109 Unlawfully Dealing in Material Depicting a Child
1250 Assault in the First Degree Against a Law
Enforcement Animal
1253 Escape After Conviction
1254 Assault in a Detention Facility
1256 Promoting Prison Contraband (Deadly Weapon)
1302 Riot
1304 Hate Crimes
1312A Stalking
1338 Bombs, Incendiary Devices, Molotov Cocktails
and Explosive Devices
1339 Adulteration (Causing Injury or Death)
1353 Promoting Prostitution in the First Degree
1442 Carrying a Concealed Deadly Weapon (subsequent
Offense)
1444 Possessing a Destructive Weapon
1445 Unlawfully Dealing with a Dangerous Weapon
1447 Possessing a Deadly Weapon During the
Commission of a Felony
I447A Possessing a Firearm during the Commission of A
Felony
1455 Engaging in a Firearms Transaction on Behalf of
Another (subsequent Offense)
1449 Wearing Body Armor During the Commission of a
Felony
1503 Racketeering
3533 Aggravated Act of Intimidation
Title 16. Section Crime
1136 Abuse/Mistreatment/Neglect of a Patient
4751 Manufacture/Delivery/Possession with Intent to
Deliver a Controlled or Counterfeit Controlled Substance. Manufacture or Delivery Causing Death
4752 Manufacture/Delivery/Possession with Intent to
Deliver a Controlled or Counterfeit Controlled Substance
4752A Unlawful Delivery of a Noncontrolled Substance
4753A Trafficking in Marijuana, Cocaine, Illegal Drugs,
Nlethamphetamine. LSD or Designer Drugs
4754A Possession and delivery of a Noncontrolled
Prescription Drug
4761 Distribution to Minors
4767 Distribution. Delivery or Possession of a Controlled
Substance within 1,000 feet of School Property
4768 Distribution, Delivery or Possession of a Controlled
Substance within 300 feet of a Park or Recreation
Area
4773 Delivery of Drug Paraphernalia to a Minor
Title 31. Section Crime
3913 Abuse/Neglect/Exploit/Mistreat an Infirm Adult
Any attempt to commit any felony designated in this subsection as a violent felony shall also he designated as a violent felony.-
Section 2. Amend § 4214(a). Title II of the Delaware Code, by adding the following IICNV sentence to said subsection, said new sentence to be placed immediately after the first sentence of said subsection:
"Notwithstanding any provision of this Title to the contrary, any person sentenced pursuant to this subsection shall receive a minimum sentence which shall not be less than the statutory maximum penalty provided elsewhere in this Title for the fourth or subsequent felony which forms the basis of the State's petition to have the person declared to be an habitual criminal except that this minimum provision shall apply only when the fourth or subsequent felony is a Title 11 violent felony, as defined in section 4201(c) of this Title."
Approved July 10, 1996