HB 5 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO IMPRISONMENT.

Longhurst &HOUSE Rep.OF REPRESENTATIVES 150th GENERAL ASSEMBLY HOUSE AMENDMENT NO.

Bolden2 &TO Rep.HOUSE BILL NO.

Brady5 &2 Rep.AMEND House Bill No.

Dorsey5 Walkerby &deleting Rep.lines 3 through 49 in their entirety and inserting in lieu thereof the following:

KowalkoҤ &3901 Sen.Fixing term of imprisonment;

Poore Reps.

Baumbach, Cooke, Heffernan, K.

Johnson, Lynn, Minor-Brown, Osienski;

Sens.

Hansen, Lockman, McDowell, Paradee, Sokola, Townsend HOUSE OF REPRESENTATIVES 150th GENERAL ASSEMBLY HOUSE BILL NO.

5 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO IMPRISONMENT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.

Amend Chapter 39, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3901 Fixing term of imprisonment;

Title 11, Section               Crime 606               Abuse of a pregnant female in the first degree 613               Assault in the first degree 632               Manslaughter 635               Murder in the second degree 636               Murder in the first degree 772               Rape in the second degree 773               Rape in the first degree 777A                            Sex Sex offender unlawful sexual conduct against a child 778(1), (2) or (3)          Sexual abuse of a child by a person in a position of trust, authority or supervision in the first degree 783               Kidnapping in the second degree 783A               Kidnapping in the first degree 803             Arson              Arson in the first degree 825               Burglary in the second degree HD :

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05/13/201906/11/2019 01:1202:22 PM 825               Burglary in the second degree 826               Burglary in the first degree 826A               Home invasion 832               Robbery in the first degree 836               Carjacking in the first degree 1254               Assault in a detention facility 1447A               Possession of a firearm during the commission of a felony or for any sentence for possession of a firearm by a person prohibited where the criminal defendant was previously convicted of a Title 11 violent felony.

1447A Possession of a firearm during the commission of a felony if the firearm was used, displayed, or discharged during the commission of a Title 11 or Title 31 violent felony as set forth in Section§ 4201(c) of titlethis 11.title.

Title 11, SectionSection. Crime 632 Manslaughter 635 Murder Second Degree 636 Murder First Degree 772 Rape Second Degree 773 Rape First Degree 778(1),(2) or (3) Sexual Abuse of a Child by a Person in a Position of Trust, Authority or Supervision in the First Degree Notwithstanding the foregoing, any sentence imposed upon a defendant for a conviction for assault in a detention facility, as set forth in §1254 of this title, shall be consecutive to any sentence being served by the defendant.

Crime 632 Manslaughter (e) For purposes of this section, "Title 11 violent felony" means any Title 11 offense identified in § 4201(c) of this title, or any offense set forth under the laws of the United States, any other state or any territory of the United States which is the same as or equivalent to any of the offenses designated as a Title 11 offense identified in § 4201(c) of this title.title.” SYNOPSIS This amendment clarifies those crimes for which a judge may exercise his or her discretion and impose concurrent sentencing.

SectionThis 2.amendment also clarifies those crimes for which a judge can only impose consecutive sentences.

Amend Chapter 5, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1447 Possession of a deadly weapon during commission of a felony;

class B felony.

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05/13/201906/11/2019 01:1202:22 PM (a) A2141500151 person who is in possession of a deadly weapon during the commission of a felony is guilty of possession of a deadly weapon during commission of a felony.

Possession of a deadly weapon during commission of a felony is a class B felony.

(b) Any sentence imposed for a violation of this section shall not be subject to suspension and no person convicted for a violation of this section shall be eligible for good time, parole or probation during the period of the sentence imposed.

(c) Any sentence imposed upon conviction for possession of a deadly weapon during the commission of a felony shall not run concurrently with any other sentence.

In any instance where a person is convicted of a felony, together with a conviction for the possession of a deadly weapon during the commission of such felony, such person shall serve the sentence for the felony itself before beginning the sentence imposed for possession of a deadly weapon during such felony.

(d)(b) Every person charged under this section over the age of 16 years may be tried as an adult pursuant to §§ 1010 and 1011 of Title 10, notwithstanding any contrary provision of statutes governing the Family Court or any other state law.

(e)(c) A person may be found guilty of violating this section notwithstanding that the felony for which the person is convicted and during which the person possessed the deadly weapon is a lesser included felony of the one originally charged.

§ 1447A.

Possession of a firearm during commission of a felony;

class B felony.

(a) A person who is in possession of a firearm during the commission of a felony is guilty of possession of a firearm during commission of a felony.

Possession of a firearm during commission of a felony is a class B felony.

(b) A person convicted under subsection (a) of this section shall receive a minimum sentence of 3 years at Level V, notwithstanding the provisions of § 4205 (b)(2) of this title.

(c) A person conviction under subsection (a) of this section, and who has been at least twice previously convicted of a felony in this State or elsewhere, shall receive a minimum sentence of 5 years at Level V, notwithstanding the provisions of §§ 4205 (b)(2) and 4215 of this title.