CHAPTER 144

RELATING TO JUVENILE DELINQUENTS

AN ACT TO AMEND CHAPTER 116 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATING TO JUVENILE DELINQUENTS AND PROBATION BY PROVIDING THAT IN CASES WHERE CORPORAL PUNISHMENT IS MANDATORY THE COURT SHALL HAVE THE AUTHORITY UNDER CERTAIN CIRCUMSTANCES TO OMIT CORPORAL PUNISHMENT OR REDUCE THE AMOUNT TO BE INFLICTED.

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

Section 1. That Chapter 116 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by striking out and repealing all of 4322 Section 7 thereof and inserting and enacting in lieu thereof the following:

"4322. Sec. 7. Remission of Corporal Punishment, When: --In all cases of conviction of crime, where corporal punishment by whipping is part of the sentence to be inflicted upon a convict, the Court may, in its discretion, if the prisoner be of tender years, or is charged for the first time, or if other circumstances are shown, deemed by the Court sufficient, omit such corporal punishment from the sentence or reduce the number of lashes to be inflicted."

Approved May 23, 1949.