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DE HB305
Bill
Status
1/23/2018
Primary Sponsor
James Johnson
Click for details
AI Summary
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Removes juvenile adjudications from counting as a second "prior qualifying Title 16 conviction" for purposes of drug offense sentencing enhancements.
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Allows prosecutors to continue applying sentencing enhancements based on a single prior adult drug conviction or two prior adult convictions within the specified timeframe.
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Permits judges to still consider a defendant's juvenile record as a sentencing factor but prevents automatic sentence elevation based on juvenile adjudications.
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Preserves the ability to use convictions where a juvenile was tried and sentenced as an adult for sentencing enhancement purposes.
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Addresses concerns about juvenile adjudications triggering dramatic sentence increases (e.g., elevating class D felonies to class B felonies with mandatory minimums) without jury trial protections.
Legislative Description
An Act To Amend Title 16 Of The Delaware Code Relating To Controlled Substances.
Last Action
Reported Out of Committee (Judiciary) in House with 3 Favorable, 6 On Its Merits, 1 Unfavorable
1/24/2018