Bill Text: DE SB244 | 2009-2010 | 145th General Assembly | Draft

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Bill Title: An Act To Amend The Delaware Code Relating To Habitual Criminal Status.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-06-02 - Stricken [SB244 Detail]

Download: Delaware-2009-SB244-Draft.html

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SPONSOR:	Sen. Peterson
	Sen. Bushweller; Reps. Jaques, Kowalko, Hudson, Lavelle & Oberle

DELAWARE STATE SENATE

145th GENERAL ASSEMBLY

SENATE BILL NO. 244

AN ACT TO AMEND THE DELAWARE CODE RELATING TO HABITUAL CRIMINAL STATUS.

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

Section 1.Amend §4177(d), Title 21, Delaware Code, by deleting from paragraphs (3) and (4), the following sentence found at each location:

"No conviction for violation of the section for which a sentence is imposed pursuant to this paragraph shall be considered a predicate felony conviction for sentencing pursuant to §4214 of Title 11."

Section 2.Amend §4214(a), Title 11, Delaware Code by deleting the phrase "Title 11" as found in the second sentence therein.

Section 3.Amend §4201(c), Title 11, Delaware Code, by adding the following at the appropriate location:

"Title 21, SectionCrime

§4177Felony DUI".

SYNOPSIS

This Bill provides that felony DUI charges qualify for predicate felony status under Delaware's Habitual Offender Statute, and also that they be considered a violent felony for purposes of enhanced sentencing under the Habitual Offender Statute.

Author:Senator Peterson