Loading chat...

DE HB18

Bill

Status

Passed

4/13/2017

Primary Sponsor

James Johnson

Click for details

Origin

House of Representatives

149th General Assembly

AI Summary

  • Clarifies that sentences imposed under the habitual criminal statute cannot be less than the minimum sentence required for the underlying felony conviction.

  • Specifies that the 2016 amendments to the habitual offender law were intended to affect only minimum mandatory sentences, not discretionary sentences where judges already had full authority.

  • Confirms that the 2016 changes did not reduce any existing minimum mandatory sentences for specific crimes (such as illegal gun possession).

  • Allows sentencing judges to impose probation after a defendant completes the minimum mandatory sentence required by the habitual criminal statute.

  • Applies to habitual criminal sentences imposed prior to July 19, 2016, making those inmates eligible to petition for sentence modification after serving the applicable mandatory sentence.

Legislative Description

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

Last Action

Signed by Governor

4/13/2017

Committee Referrals

Judicial & Community Affairs1/19/2017
Judiciary12/15/2016

Full Bill Text

No bill text available