Bill Text: DE HB59 | 2015-2016 | 148th General Assembly | Draft

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Bipartisan Bill

Status: (Passed) 2015-06-02 - Signed by Governor [HB59 Detail]

Download: Delaware-2015-HB59-Draft.html

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SPONSOR:	Rep. J. Johnson & Sen. Henry Reps. Baumbach, Bolden, Hudson, Jaques, Keeley, Kenton, Miro, Osienski, Outten, Potter, Ramone, Schwartzkopf, B. Short, D. Short, M. Smith, Spiegelman, Wilson;Sens. Bonini, Lopez, Marshall, Richardson, Townsend

HOUSE OF REPRESENTATIVES

148th GENERAL ASSEMBLY

HOUSE BILL NO. 59

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

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

Section 1. Amend §4201, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by reorganizing accordingly:

§4201. Transition provisions.

(c) The following felonies shall be designated as violent felonies:

Title 11, Section Crime

1112B Promoting Sexual Solicitation of a Child

1253 Escape After Conviction, if convicted as a Class C Felony or a Class B Felony

1257(a) Resisting Arrest with Force or Violence

Title 16, Section Crime

4754 4754(1) Drug Dealing – Aggravated Possession; Class D Felony

4755 Aggravated Possession; Class E Felony

4756 Aggravated Possession; Class F Felony

4774 Delivery of Drug Paraphernalia to a Minor

(d) Any attempt to commit any felony designated in this subsection subsection (c) of this section as a violent felony shall also be designated as a violent felony.

SYNOPSIS

This Act makes changes to the state's list of statutory violent felonies ("list"). First, the Act adds two crimes, felony Promoting Sexual Solicitation of a Child and felony Resisting Arrest with Force or Violence, to the list. Second, the Act removes non-violent escape after conviction, lower level felony drug possession, and delivery of drug paraphernalia to a minor from the list. Additionally, the changes on line 16 are made to designate a previously undesignated paragraph, in keeping with the Delaware Legislative Drafting Manual.