Bill Text: DE HB37 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 11 Of The Delaware Code Relating To Penalties For Possession Of A Firearm During The Commission Of A Felony.
Spectrum: Moderate Partisan Bill (Republican 22-3)
Status: (Introduced - Dead) 2014-04-01 - Reported Out of Committee (APPROPRIATIONS) in House with 4 On Its Merits [HB37 Detail]
Download: Delaware-2013-HB37-Draft.html
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SPONSOR: |
Rep. Hudson & Sen. Lawson; |
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Reps. D. Short, Blakey, Briggs King, Dukes, Gray, Kenton, Miro, Outten, Peterman, Ramone, Smyk, Spiegelman, Wilson, Potter; Sens. Cloutier, Hocker, Lavelle, Lopez, Pettyjohn, Simpson, Venables |
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HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY |
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HOUSE BILL NO. 37 |
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AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PENALTIES FOR POSSESSION OF A FIREARM DURING THE COMMISSION OF A FELONY. |
Section 1.Amend §1447A, Title 11 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strikethrough as follows:
§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 the commission of a felony. Possession of a firearm during the 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 convicted 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.
(d) A person who is in possession and displays, brandishes, or threatens the use of a firearm during the commission of a felony shall receive a minimum sentence of 4 years at Level V, notwithstanding the provisions of §4205(b)(2) of this title; and where said person has been at least twice previously convicted of a felony in this State or elsewhere, shall receive a minimum sentence of 6 years at Level V, notwithstanding the provisions of §§4205(b)(2) and 4215 of this title.
(e) A person who is in possession of and discharges a firearm during the commission of a felony shall receive a minimum sentence of 5 years at Level V, notwithstanding the provisions of §4205(b)(2) of this title, and where said person has been at least twice previously convicted of a felony in this State or elsewhere, shall receive a minimum sentence of 7 years at Level V, notwithstanding the provisions of §§4205(b)(2) and 4215 of this title.
(f) A person who is in possession of and discharges a firearm during the commission of a felony causing serious physical injury to another person not a participant in said felony shall receive a minimum sentence of 6 years at Level V, notwithstanding the provisions of §4205(b)(2); and where said person has been at least twice previously convicted of a felony in this State or elsewhere, shall receive a minimum sentence of 8 years at Level V, notwithstanding the provisions of §§4205(b)(2) and 4215 of this title.
(d)(g)
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.
(e)(h)
Any sentence imposed upon conviction for possession of a firearm 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 firearm 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 firearm during such felony.
(f)(i)
Every person charged under this section over the age of 15 years shall be tried
as an adult, notwithstanding any contrary provisions or statutes governing the
Family Court or any other state law.
(g)(j)
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 firearm is a lesser included felony of the one originally charged.
SYNOPSIS
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Currently §1447A punishes the possession of a firearm during the commission of a felony but does not differentiate between persons having a firearm in their possession and persons who use the firearm during the commission of a crime. This Act makes this distinction and provides enhanced penalties for those displaying and discharging a firearm, and causing serious physical injury to a non-participant during the commission of a crime. This Act further, like the current statute, provides enhanced penalties for those who have twice before been convicted of a felony in Delaware or elsewhere. |
