AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO HABITUAL CRIMINALS.
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HB 18 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO HABITUAL CRIMINALS.
Last action — Signed by Governor
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced December 15, 2016. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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5 sponsors
4 primary, 1 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (2 D · 1 R) — cross-party backing.
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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
- Bill Text View text Current pdf
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.
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§ 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.
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§ 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.
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§ 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
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Signed by Governor
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Passed By Senate. Votes: 20 YES 1 ABSENT
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Reported Out of Committee (Judicial & Community Affairs) in Senate with 1 Favorable, 4 On Its Merits
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Assigned to Judicial & Community Affairs Committee in Senate
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Passed By House. Votes: 40 YES 1 ABSENT
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Reported Out of Committee (Judiciary) in House with 6 Favorable, 2 On Its Merits
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Introduced and Assigned to Judiciary Committee in House
Sponsors
- Nicole Poore · Primary
- Daniel B. Short · Primary
- Kendra Johnson · Primary
- Charles Potter Jr. · Cosponsor
- Gregory F. Lavelle · Primary
Sponsorship breakdown
Export CSV (upgrade) →4 sponsors · 1 co-sponsors · 57 not signed on
Sponsors (4)
- Nicole Poore Democratic
- Daniel B. Short Republican
- Kendra Johnson Democratic
- Gregory F. Lavelle
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 0 | 0 | 0 |
| Democratic | 4 | 0 | 0 | 1 |
| Republican | 4 | 0 | 0 | 0 |
| Total | 20 | 0 | 0 | 1 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 25 | 0 | 0 | 0 |
| Democratic | 6 | 0 | 0 | 1 |
| Republican | 9 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (41)
Subjects
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?
- Track HB 18 free on One Click Politics — get push/email alerts when it moves.
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