CHAPTER 658

HOUSE BILL NO. 1305

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO MANDATORY COMMITMENT OF MINORS WHO HAVE BEEN ADJUDICATED DELINQUENT BY FAMILY COURT FOR HAVING COMMITTED CERTAIN DESIGNATED ACTS.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the members elected to each House thereof concurring therein):

Section 1. Amend Subparagraph (1) of Section 937 (c), Chapter 9, Title 10, Delaware Code, by striking said subparagraph in its entirety, and by substituting a new subparagraph (1) therefor to read as follows:

"(1) Where he has been once or more than once adjudicated delinquent for committing separate and distinct acts or courses of conduct not arising from the same transaction or occurrence, committed within any one-year period, which said acts, when aggregated, and were he an adult and tried as such, would constitute two offenses designated as felonies under Subchapter 11, Chapter 5. Title 11, or attempts thereof; or two burglaries in any degree involving a dwelling house pursuant to Subpart B, Subchapter III, Chapter 5, Title 11, or attempts thereof, or two robberies in any degree pursuant to Subpart C, Subchapter III, Chapter 5, Title 11, or attempts thereof, of any combination thereof, then custody shall be awarded for one year;"

Section 2. Amend Subparagraph (2) of Section 937 (c), Chapter 9, Title 10, Delaware Code, by striking said subparagraph in its entirety and by substituting therefor a new subparagraph to read as follows:

"(2) Where he is once or more than once adjudicated a delinquent based upon the commission of separate and distinct acts or courses of conduct, not arising from the same transaction or occurrence, committed within any three-year period, which said acts would, when aggregated, and were he an adult and tried as such, constitute three or more offenses designated as felonies pursuant to Subchapter II, Chapter 5, Title 11, or attempts thereof; or three or more burglaries in any degree involving a dwelling house pursuant to Subpart B, Subchapter III, Chapter 5, Title 11 or attempts thereof; or three or more robberies in any degree pursuant to Subpart C, Subchapter III, Chapter 5, Title 11, or attempts thereof, or any combination thereof, then custody shall be awarded for three years;"

Section 3. The provisions of this act shall be effective with respect to acts or courses of conduct constituting robberies in any degree, or attempts thereof, which occur after its passage by the General Assembly and execution by the Governor.

Approved July 30, 1976