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DE HB37

Bill

Status

Introduced

3/7/2013

Primary Sponsor

Deborah Hudson

Click for details

Origin

House of Representatives

147th General Assembly

AI Summary

  • Establishes tiered penalties for firearm possession during felony commission: 3 years minimum at Level V for simple possession, 4 years for displaying/brandishing, 5 years for discharge, and 6 years if discharge causes serious injury to a non-participant.

  • Increases minimum sentences by 2 years for repeat offenders with at least two prior felony convictions in Delaware or elsewhere (5, 6, 7, and 8 years respectively).

  • Mandates sentences be served without suspension, parole, good time credits, or probation, and run consecutively with sentences for the underlying felony.

  • Requires juveniles over age 15 charged under this section to be tried as adults regardless of other state laws governing Family Court.

  • Allows conviction under this section even when the underlying felony is a lesser included offense of the original charge.

Legislative Description

An Act To Amend Title 11 Of The Delaware Code Relating To Penalties For Possession Of A Firearm During The Commission Of A Felony.

Last Action

Reported Out of Committee (APPROPRIATIONS) in House with 4 On Its Merits

4/1/2014

Committee Referrals

Appropriations1/14/2014
Judiciary3/7/2013

Full Bill Text

No bill text available