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DE HB297

Bill

Status

Introduced

4/4/2012

Primary Sponsor

Gerald Brady

Click for details

Origin

House of Representatives

146th General Assembly

AI Summary

  • Removes the mandatory minimum sentence requirement for habitual criminal offenders (fourth or subsequent felony conviction) when the 4th felony is a violent felony as defined in Delaware Code § 4201(c)

  • Court retains discretion to impose sentences up to life imprisonment for habitual criminals, but is no longer bound by the statutory maximum penalty of the underlying offense

  • Sentences imposed under this section remain non-suspendable and must be served entirely in a Level V custodial institution without probation or parole benefits, except for provisions under §§ 4205(h), 4217, 4381, and 4382

  • Applies to life sentences (served without any good time reduction) and sentences of less than life imprisonment

Legislative Description

An Act To Amend Title 11 Of The Delaware Code Relating To Habitual Criminal Offenders.

Last Action

Reported Out of Committee (JUDICIARY) in House with 7 On Its Merits

6/13/2012

Committee Referrals

Judiciary4/4/2012

Full Bill Text

No bill text available