SPONSOR:

Sen. Ennis & Rep. Mitchell

Sens. Henry, Marshall, Poore, Sokola, Townsend, Venables;

Reps. Bennett, Q. Johnson, D. Short, Smyk

DELAWARE STATE SENATE

147th GENERAL ASSEMBLY

SENATE BILL NO. 40

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE POSSESSION OF FIREARMS DURING THE COMMISSION OF A FELONY.

Section 1.Amend Section 4214(b) of Title 11 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strikethrough as follows:

(b) Any person who has been 2 times convicted of a felony or an attempt to commit a felony hereinafter specifically named, under the laws of this State, and/or any other state, United States or any territory of the United States, and who shall thereafter be convicted of a subsequent felony hereinafter specifically named, or an attempt to commit such specific felony, is declared to be an habitual criminal, and the court in which such third or subsequent conviction is had, in imposing sentence, shall impose a life sentence upon the person so convicted unless the subsequent felony conviction requires or allows and results in the imposition of capital punishment. Such sentence shall not be subject to the probation or parole provisions of Chapter 43 of this title.

Such felonies shall be:

Section Crime

803 Arson in the first degree

826 Burglary in the first degree

825 Burglary in the second degree

636 Murder in the first degree

635 Murder in the second degree

632 Manslaughter

783 Kidnapping in the second degree

783A Kidnapping in the first degree

606 Abuse of a pregnant female in the first degree

613 Assault in the first degree

615 Assault by abuse

Former 763 Rape in the second degree

Former 764 Rape in the first degree

Former 766 Sodomy in the first degree

832 Robbery in the first degree

836 Carjacking in the first degree

Former 771 Unlawful sexual penetration in the second degree

Former 772 Unlawful sexual penetration in the first degree

Former 773 Sexual intercourse in the third degree

Former 774 Unlawful sexual intercourse in the second degree

Former 775 Unlawful sexual intercourse in the first degree

771 Rape in the third degree

772 Rape in the second degree

773Rape in the first degree

778(1), (2) Sexual Abuse of a Child by a Person

or (3) in a Position of Trust, Authority or

Supervision in the First Degree

1447A Possession of a Firearm During the Commission of a Felony

Title 16, Section Crime

Former 4751 Manufacture, delivery or possession with intent to manufacture or deliver a narcotic drug

Former 4752 Manufacture, delivery or possession with intent to manufacture or deliver nonnarcotic, controlled substance

Former 4752A Unlawful delivery or attempt to deliver non-controlled substance

Former 4753A Trafficking in marijuana, cocaine, illegal drugs or methamphetamine

4752 Drug Dealing - Aggravated Possession; Class B Felony

4753 Drug Dealing - Aggravated Possession; Class C Felony

4754 Drug Dealing - Aggravated Possession; Class D Felony

4755 Aggravated Possession; Class E Felony

Notwithstanding any provision of this title to the contrary, any sentence imposed pursuant to this subsection shall not be subject to suspension by the court, and shall be served in its entirety at a full custodial Level V institutional setting without benefit of probation, parole, earned good time or any other reduction.