DELAWARE STATE SENATE

152nd GENERAL ASSEMBLY

SENATE BILL NO. 100

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DESIGNATION OF VIOLENT FELONIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 4201, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:

§ 4201. Transition provisions.

(a) Felonies are classified, for the purpose of sentence, into 7 categories:

(1) Class A felonies;

(2) Class B felonies;

(3) Class C felonies;

(4) Class D felonies;

(5) Class E felonies;

(6) Class F felonies;

(7) Class G felonies.

(b) Any crime or offense which is designated as a felony but which is not specifically given a class shall be a class G felony and shall carry the sentence provided for said class felony.

(c) The following felonies shall be designated as violent felonies:

Title 16 Section   Crime

1136     Abuse/Mistreatment/Neglect of a Patient

4752(a)(1)     Tier 3 Drug Manufacturing, Delivery, Intent

4752(a)(2)     Tier 3 Drug Possession

SYNOPSIS

This Act adds Drug Dealing or Possession - Tier 3 to the list of violent felonies under section 4201(c) of Title 11 in recognition of the association of higher drug volumes and gun violence. Nothing in this act is intended to affect the violent felony status of pre-2019 Title 16 convictions, which are explicitly preserved in 11 Del. C. 4201(c).

Author: Senator Mantzavinos