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DE HB78

Bill

Status

Passed

9/16/2019

Primary Sponsor

Stephanie Bolden

Click for details

Origin

House of Representatives

150th General Assembly

AI Summary

  • Amends robbery in the second degree (§ 831) to create a class D felony enhancement when the offender takes possession of a motor vehicle during the robbery and commits certain additional acts, including class D+ felonies, reckless driving violations, environmental crimes, or conduct creating substantial risk of injury.

  • Modifies robbery in the first degree (§ 832) to increase the age threshold from 62 to 65 years old for victims and adjusts mandatory minimum sentences from 10 to 7 years for repeat offenders with firearm enhancements.

  • Creates new carjacking offenses (§§ 835-836) as standalone crimes distinct from robbery, establishing carjacking in the second degree as a class E felony (or class D if reckless endangerment, forced removal of occupants, or reckless operation occurs) and carjacking in the first degree as class C or B felonies depending on circumstances.

  • Defines carjacking in the first degree as a class B felony when the offense involves displaying a deadly weapon, causing physical injury, or targeting victims 62 years or older or 14 years or younger; establishes as class C felony when involving other class D+ felonies, reckless driving, or environmental crimes.

  • Clarifies that carjacking is not a related or included offense of robbery statutes, allowing separate prosecution, and specifies that intent to permanently deprive is not required for carjacking convictions.

Legislative Description

An Act To Amend Title 11 Of The Delaware Code Relating To Crimes And Criminal Procedure.

Last Action

Signed by Governor

9/16/2019

Committee Referrals

Public Safety & Homeland Security5/30/2019

Full Bill Text

No bill text available