CHAPTER 528

FORMERLY

HOUSE BILL NO. 679

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 43, PART II, TITLE 11 OF THE DELAWARE CODE RELATING TO THE BOARD OF PARDONS; AND PROVIDING FOR PSYCHIATRIC EXAMINATION FOR PERSONS CONVICTED OF CERTAIN CRIMES AND OFFENSES.

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

Section 1. Amend §4362, Chapter 43, Part II, Title 11 of the Delaware Code, by striking subsection (a), and substituting in lieu thereof the following:

"(a) When the Board of Pardons considers for recommendation to the Governor, for pardon or commutation of sentence, any person who has been convicted of an act causing death (Subpart B, Subchapter 11, Chapter 5, Title 11); sexual offenses (Subpart D, Subchapter 11, Chapter 5, Title 11); kidnapping and related offenses (Subpart E, Subchapter 11, Chapter 5, Title 11); arson and related offenses (Subpart A, Subchapter 111, Chapter 5, Title 11); burglary in the first degree; burglary in the second degree; robbery (Subpart C, Subchapter 111, Chapter 5, Title 11); offenses relating to children and incompetents (Subchapter V, Chapter 5, Title 11); cruelty to animals; abusing a corpse; unlawful use of an incendiary device, bomb or other explosive device; abuse to children (Chapter 10, Title 16); and distribution of a controlled substance to a person under age eighteen (§4761, Chapter 47, Title 16); or for an attempt as provided by statute to commit any of these crimes, there shall be furnished to each member of the Board of Pardons and to the Governor, in case recommendation for a pardon or commutation of sentence be made, a copy of the report of the psychiatrist who has examined such person, as provided in subsection (b) of this section."

Section 2. When the Board of Pardons considers for recommendation to the Governor, for pardon or commutation of sentence, any person who has been convicted of the crime of murder, voluntary manslaughter, rape, kidnapping, abducting a child, poisoning with intent to harm, robbery, burglary in the first degree, burglary in the second degree, mayhem, arson, assault with intent to murder, to rape or to rob, as such crimes were set forth by statute prior to July 1, 1973, or for an attempt as provided by statute to commit any of the said crimes, there shall be furnished to each member of the Board of Pardons, and to the Governor, in case recommendations for a pardon or commutation of sentence be made, a copy of the report of the psychiatrist who has examined such person, as provided in §4362 (b), Title 11 of the Delaware Code.

Approved July 26, 1974.