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DE SB163

Bill

Status

Enrolled

3/24/2016

Primary Sponsor

Karen Peterson

Click for details

Origin

Senate

148th General Assembly

AI Summary

  • Redefines habitual criminal status to require 2 convictions for Title 11 violent felonies or 3 convictions for any Title 11 felony, eliminating the previous mandatory life sentence requirement.

  • Establishes minimum sentences for habitual offenders: the average maximum sentence of underlying violent felonies (up to life) for third or subsequent violent felony convictions, and 5 years to life for fourth or subsequent non-violent felony convictions.

  • Allows persons previously convicted under the old habitual criminal statute to petition Superior Court for sentence modification after serving the applicable mandatory minimum sentence for their offense.

  • Permits judges discretion to modify, reduce, or suspend sentences upon modification petitions, except for statutory minimums or mandatory sentences required by law for the underlying offenses.

  • Requires the Superior Court to establish rules governing the filing and litigation of sentence modification petitions under this Act.

Legislative Description

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

Last Action

SS 1 for SB 163 - Passed by House of Representatives. Votes: Passed 29 YES 11 NO 0 NOT VOTING 1 ABSENT 0 VACANT

6/21/2016

Committee Referrals

Judiciary7/15/2015

Full Bill Text

No bill text available