Delaware 149th General Assembly (2017-2018) Status: Enacted Bipartisan · 2 D · 1 R cosponsors

HB 18 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO HABITUAL CRIMINALS.

Last action — Signed by Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 15, 2016. Enacted.

Prognosis

Likely to advance 96% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    4 primary, 1 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (2 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

This bill clarifies the General Assembly’s intent last session in amending the state’s habitual offender law, specifically (a) that the changes made by the General Assembly were intended to affect minimum mandatory sentences, not sentences where judges had already exercised complete discretion, (b) that the changes were not designed to reduce minimum mandatory sentences associated in the Delaware Code with specific crimes (e.g. illegal gun possession), and (c) allows the sentencing judge to impose probation after the minimum mandatory sentence required by this section.

Bill Text

How this bill changes current law

3 changes Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill clarifies the General Assembly's intent regarding minimum mandatory sentences under the habitual offender statute and establishes guidelines for sentence modifications.

  • § 4214(a)

    Under no circumstances may the sentence imposed pursuant to this section be less than the minimum sentence provided for by the felony prompting the person’s designation as a habitual offender.

    This change emphasizes that sentences for habitual offenders cannot be less than the established minimums for their felonies.

  • § 4214(e)

    and shall be subject to the provisions of §§ 4205(h), 4381 and 4382 of this title.

    This addition specifies that minimum sentences must comply with additional statutory provisions.

  • § 4214(f)

    Notwithstanding any statute, court rule or regulation to the contrary, beginning January 1, 2017, any person sentenced as an habitual criminal to a minimum sentence of not less than the statutory maximum penalty for a violent felony pursuant to 4214(a) of this title, or a life sentence pursuant to 4214(b) of this title prior to July 19, 2016, shall be eligible to petition the Superior Court for sentence modification after the person has served a sentence of incarceration equal to any applicable mandatory sentence otherwise required by this section or the statutes describing said offense or offenses, whichever is greater.

    This deletion implies a clarification about the timing and nature of petitions for sentence modification in relation to habitual offenders.

Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 20 YES 1 ABSENT

  3. Reported Out of Committee (Judicial & Community Affairs) in Senate with 1 Favorable, 4 On Its Merits

  4. Assigned to Judicial & Community Affairs Committee in Senate

  5. Passed By House. Votes: 40 YES 1 ABSENT

  6. Reported Out of Committee (Judiciary) in House with 6 Favorable, 2 On Its Merits

  7. Introduced and Assigned to Judiciary Committee in House

Sponsors

Sponsorship breakdown

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4 sponsors · 1 co-sponsors · 57 not signed on

Sponsors (4)

Co-sponsors (1)

Not signed on (57)

57 members have not signed on to this bill.

Show all 57 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 20 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12000
Democratic 4001
Republican 4000
Total 20001
% of votes cast 95%0%0%5%
How each member voted (21)
Member Party Vote
Anthony Delcollo — Yea
Brian J. Bushweller — Yea
Bruce C. Ennis — Yea
Catherine Cloutier — Yea
Colin Bonini — Yea
David B. McBride — Yea
Ernesto B Lopez — Yea
F. Gary Simpson — Yea
Gregory F. Lavelle — Yea
Harris B. McDowell — Yea
Margaret Rose Henry — Yea
Robert Marshall — Yea
Bryan Townsend Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Nicole Poore Democratic Not Voting
Stephanie L. Hansen Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

SM

Passed 40 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 25000
Democratic 6001
Republican 9000
Total 40001
% of votes cast 98%0%0%2%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
Bryon H. Short — Yea
Charles Potter Jr. — Yea
David Bentz — Yea
Deborah Hudson — Yea
Earl G. Jaques Jr. — Yea
Gerald L. Brady — Yea
Harvey R. Kenton — Yea
Helene M. Keeley — Yea
James Johnson — Yea
John A. Kowalko — Yea
John J. Viola — Yea
John L. Mitchell — Yea
Joseph E. Miro — Yea
Melanie George Smith — Yea
Michael Mulrooney — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Quinton Johnson — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Stephen Smyk — Yea
Valerie Longhurst — Yea
William R. Outten — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Kimberly Williams Democratic Not Voting
Sean M. Lynn Democratic Yea
Stephanie T. Bolden Democratic Yea
Trey Paradee Democratic Yea
William J. Carson Democratic Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
David L. Wilson Republican Yea
Jeffrey N. Spiegelman Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 18 do?
This bill clarifies the General Assembly’s intent last session in amending the state’s habitual offender law, specifically (a) that the changes made by the General Assembly were intended to affect minimum mandatory sentences, not sentences where judges had already exercised complete discretion, (b) that the changes were not designed to reduce minimum mandatory sentences associated in the Delaware Code with specific crimes (e.g. illegal gun possession), and (c) allows the sentencing judge to impose probation after the minimum mandatory sentence required by this section.
Who sponsors HB 18?
HB 18 is sponsored by Nicole Poore (Democratic), Daniel B. Short (Republican), Kendra Johnson (Democratic), Charles Potter Jr., and Gregory F. Lavelle.
What is the current status of HB 18?
This bill has been enacted into law. Introduced December 15, 2016. Enacted.
Where can I track HB 18?
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