CHAPTER 92

ENLARGING SCOPE OF PROBATION

AN ACT TO AMEND CHAPTER 87 OF THE REVISED CODE OF DELAWARE, 1935, BY ENLARGING THE SCOPE OF PROBATION AS SET FORTH IN 3530. SEC. 5. THEREOF.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 87 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out all of 3530. Sec. 5. thereof and by inserting and enacting in lieu of the part so stricken out a new 3530. Sec. 5. as follows:

3530. Sec. 5. Order of the Court; Scope of; when Made; Probation of Defendant; Recognizance; Condition of:--Before the trial, with the consent of the Defendant, or at the trial on entry of a plea of guilty, or after conviction, instead of imposing the penalty hereinbefore provided, or in addition thereto, the Court, in its discretion, having regard to the circumstances, and to the financial ability or earning capacity of the defendant shall have the power to make an order, which shall be subject to change by the Court from time to time, as circumstances may require;

(a) to pay a certain sum periodically into the Court for the support of his wife, and/or his minor child or children;

(b) to faithfully keep such other reasonable terms and conditions of probation as to the Court shall seem proper, and

(c) to release the defendant from custody on probation;

(d) to require the defendant to enter into a recognizance, with or without surety in such sum as the Court shall require, conditioned that if the Defendant shall make his or her personal appearance in Court, whenever ordered to do so, and shall further comply with all the terms of his probation, including all lawful subsequent modifications thereof, then such recognizance shall be void, otherwise in full force and effect.

Approved March 25, 1947.