CHAPTER 585

AN ACT TO AMEND TITLE 11, DELAWARE CODE, CHAPTER 39, SECTIONS 3911 AND 3912 RELATING TO HABITUAL CRIMINALS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 11, Delaware Code, Section 3911, is hereby amended by striking the section in its entirety and inserting in lieu thereof a new section to be designated as Section 3911 and to read as follows:

§ 3911. Habitual criminal; life sentence

(a) Any person who has been three times convicted of a felony, other than those which are specifically mentioned in subsection (b) hereunder, under the laws of this State, and/or any other State, United States or any territory of the United States, and who shall thereafter be convicted of a subsequent felony of this State is declared to be an habitual criminal, and the Court in which such fourth or subsequent conviction is had, in imposing sentence, may, in its discretion, impose a life sentence upon the person so convicted.

(b) Any person who has been two times convicted of a felony hereinafter specifically named, under the laws of this State, and/or any other State, United States or any territory of the United States, and who shall thereafter be convicted of a subsequent felony, hereinafter specifically named, of this State is declared to be an habitual criminal, and the Court in which such third or subsequent conviction is had, in imposing sentence, shall impose a life sentence upon the person so convicted unless the subsequent felony conviction requires or allows and results in the imposition of capital punishment. Such sentence shall not be subject to the probation or parole provisions of Title 11, Chapter 43. Such felonies shall be:

Section Crime

351 Arson in the first degree

392 Burglary in the first degree

393 Burglary in the second degree

571 Murder in the first degree

572 Murder in the second degree

575 Manslaughter except involuntary manslaughter by motor vehicle

577 Assault with intent to murder

578 Poisoning with intent to murder

623 Kidnapping

624 Abducting child under 12 years

625 Kidnapping child under 15 years

701 Maiming by lying in wait

702 Maiming without lying in wait

781 Rape

782 Assault with intent to commit rape

811 Robbery

812 Assault with intent to commit robbery.

Section 2. Amend Title 11, Delaware Code, Section 3912 (b), by striking subsection (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:

(b) If, at any time after conviction and before sentence, it shall appear to the Attorney General or to the Superior Court that, by reason of such conviction and prior convictions, a defendant should be subjected to the provisions of Section 3911 of this Title, the Attorney General shall file a motion to have the defendant declared an habitual criminal under the provisions of Section 3911 of this title. If it shall appear to the satisfaction of the Court at a hearing on the motion that the defendant falls within the provisions of Section 3911 of this Title, the Court shall enter an order declaring the defendant an habitual criminal and shall impose sentence accordingly.

Approved June 22, 1970.