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DE HB443

Bill

Status

Enrolled

6/15/2010

Primary Sponsor

James Johnson

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Origin

House of Representatives

145th General Assembly

AI Summary

HB 443 - Drug Laws Comprehensive Revision

  • 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.

  • 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.

  • Reclassifies simple drug possession as a misdemeanor (Class A or B) rather than a felony, with enhanced penalties only when aggravating factors are present.

  • 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.

  • 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

Committee Referrals

Executive6/17/2010
Judiciary6/3/2010

Full Bill Text

No bill text available