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DE HB443
Bill
Status
6/15/2010
Primary Sponsor
James Johnson
Click for details
AI Summary
HB 443 - Drug Laws Comprehensive Revision
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Replaces the current drug trafficking system based solely on weight with a structured felony offense system (§4752-4756) that considers aggravating factors such as offenses in school zones, parks, involvement of juveniles, and use of vehicles.
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Establishes five quantity tiers for controlled substances (Tier 1-5) with specific weight/dose thresholds for different drugs (cocaine, heroin, methamphetamine, marijuana, LSD, designer drugs, MDMA, and prescription drugs) to determine offense classification.
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Reclassifies simple drug possession as a misdemeanor (Class A or B) rather than a felony, with enhanced penalties only when aggravating factors are present.
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Creates new offenses for illegal possession and delivery of prescription drugs (§4761) and maintains a first offender diversion program (§4767) for eligible defendants charged with simple possession.
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Establishes sentencing enhancements when defendants have prior drug convictions within specified timeframes, automatically increasing sentences to match higher offense tiers.
Legislative Description
An Act To Amend Titles 10, 11, 16 And 21 Of The Delaware Code Relating To Drug Laws, Crimes And Criminal Procedure, Sentencing Accountability, Courts And Judicial Procedure, And Motor Vehicles.
Last Action
Assigned to Executive Committee in Senate
6/17/2010