Bill Text: DE HB388 | 2015-2016 | 148th General Assembly | Draft

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Bill Title: An Act To Amend Title 11 Of The Delaware Code Relating To Sentencing.

Spectrum: Bipartisan Bill

Status: (Passed) 2016-08-03 - Signed by Governor [HB388 Detail]

Download: Delaware-2015-HB388-Draft.html

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SPONSOR:	Rep. Mitchell & Sen. Bushweller
	Reps. Baumbach, Bolden, Brady, Briggs King, Dukes, Hudson, Kowalko, Lynn, Miro, D. Short, Viola; Sens. Henry, Hocker, Marshall, Townsend

HOUSE OF REPRESENTATIVES

148th GENERAL ASSEMBLY

HOUSE BILL NO. 388

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

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

Section 1.Amend §4205A, Title 11 of the Delaware Code by making deletions as shown by strike-through and insertions as shown by underline as follows:

§ 4205A Additional penalty for serious sex offenders or pedophile offenders.

(a) Notwithstanding any provision of this chapter or any other laws to the contrary, a defendant convicted of any crime set forth in §771(a)(2), §772, §773, §776, §777, §777A, §778(1) or (2) of this title shall be sentenced to not less than 25 years up to life imprisonment to be served at Level V if:

(1) The defendant has previously been convicted or adjudicated delinquent of any sex offense set forth in this title and classified as a class A or B felony, or any similar offense under the laws of another state, the United States or any territory thereof; or

(2) The victim of the instant offense is a child less than 14 years of age.

SYNOPSIS

This bill restores Continuous Sexual Abuse of a Child to the list of offenses for which a defendant shall receive an enhanced sentence when the victim is less than 14 years of age or the defendant has previously been convicted or adjudicated delinquent of a Class A or B felony sex offense.In 2010, Senate Bill No. 229 was enacted to make changes to crimes against children in light of recommendations of the Final Report of the Independent Review of the Earl Brian Bradley Case.Several new crimes were added and others, including Continuous Sexual Abuse of a Child, were redesignated to new section numbers.In that process, Senate Bill No. 229 inadvertently omitted the new section number for Continuous Sexual Abuse of a Child from the list of offenses included in section 4205A.