DE HB397 | 2017-2018 | 149th General Assembly


Spectrum: Partisan Bill (Democrat 2-0)
Status: Introduced on May 2 2018 - 25% progression
Action: 2018-05-02 - Introduced and Assigned to Judiciary Committee in House
Pending: House Judiciary Committee
Text: Latest bill text (Draft #1) [HTML]


This Act permits the Superior Court to consider petitions out of sequence where the Attorney General consents and the Court determines consideration to be in the interest of justice. To ensure this exceptional sequencing provision is employed judiciously, the Court will only consider the consent of the Attorney General authorized by Delaware Department of Justice leadership (Attorney General, Chief Deputy Attorney General, State Prosecutor, or Chief County Prosecutors) in response to requests of Office of Defense Services leadership (Chief Defender, Chief Deputy Defender, Chief Conflicts Counsel) where a petitioner is represented by the Office of Defense Services, and in all other circumstances in response to privately retained counsel. This special authorization ensures individual petitioners do not unwittingly forego or disrupt their single opportunity for sentence review and further ensures consistency in modifications to sequencing.

Tracking Information

Register now for our free OneVote public service or GAITS Professional trial account and you can begin tracking this and other legislation, all driven by the real-time data of the LegiScan API. Providing tools allowing you to research pending legislation, stay informed with email alerts, content feeds, and share dynamic reports. Use our new PolitiCorps to join with friends and collegaues to monitor & discuss bills through the process.

Monitor Legislation or view this same bill number from multiple sessions or take advantage of our national legislative search.


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



2018-05-02 Introduced and Assigned to Judiciary Committee in House

Delaware State Sources

Bill Comments