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DE HB168

Bill

Status

Introduced

5/14/2009

Primary Sponsor

Gerald Brady

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Origin

House of Representatives

145th General Assembly

AI Summary

  • Increases the lookback period for second DUI offenses from 5 to 10 years and removes the time limitation entirely for third and subsequent offenses to qualify as felonies

  • Establishes escalating penalties for felony DUI offenses (3rd through 7th+), with minimum imprisonment ranging from 6 months to requirements that at least half of minimum sentences be served at Level V without early release

  • Allows courts to suspend up to half of minimum sentences for repeat offenders who complete a drug/alcohol abstinence program requiring 90 consecutive days of sobriety monitored by transdermal devices, plus intensive treatment for at least 3 months

  • Mandates ignition interlock devices for all offenders with blood alcohol concentration of .15 or higher, or who refused chemical testing, with additional $2,000 fine and 60 days imprisonment for violations

  • Transfers trial jurisdiction for misdemeanor DUI cases from Justice of the Peace Courts to Court of Common Pleas, while allowing JP Courts to accept guilty pleas and impose sentences for non-felony offenses

Legislative Description

An Act To Amend Title 16 Of The Delaware Code Relating To Drug Offenses.

Last Action

Reported Out of Committee (JUDICIARY) in House with 5 On Its Merits, 1 Unfavorable

6/23/2009

Committee Referrals

Judiciary5/14/2009

Full Bill Text

No bill text available