CHAPTER 134

FORMERLY

SENATE BILL NO. 270

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 47, TITLE 16 OF THE DELAWARE CODE TO CREATE ENHANCED PENALTIES FOR DRUG TRAFFICKING.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 47, Title 16 of the Delaware Code of 1974 as amended by adding a new Section 4753 B thereto which shall read as follows:

"Section 4753B. 'Trafficking; mandatory sentences; suspension or reduction of sentences

(1) Except as authorized in this chapter:

(a) Any person who, on any single occasion, knowingly sells, manufactures, delivers, or brings into this State, or who is knowingly in actual or constructive possession of, in excess of 50 pounds of marijuana is guilty of a Class B Felony, which felony shall be known as 'trafficking in marijuana.' If the quantity of marijuana involved:

1. Is in excess of 50 pounds, but less than 1,000 pounds, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years and to pay a fine of $50,000.

2. Is 1,000 pounds or more, but less than 5,000 pounds, such person shall be sentenced to a mandatory minimum term of imprisonment of 5 years and to pay a fine of $100,000.

3. Is 5,000 pounds or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and to pay a fine of $400,000.

(b) Any person who, on any single occasion, knowingly sells, manufactures, delivers, or brings into this State, or who is knowingly in actual or constructive possession of, 15 grams or more of cocaine or of any mixture containing cocaine, as described in §4716(b) (4), is guilty of a Class B Felony, which felony shall be known as 'trafficking in cocaine.' If the quantity involved:

1. Is 15 grams or more, but less than 100 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 3 years and to pay a fine of $50,000.

2. Is 100 grams or more, but less than 250 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 5 years and to pay a fine of $100,000.

3. Is 250 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 15 years and to pay a fine of $400,000.

(c) Any person who, on any single occasion, knowingly sells, manufactures, delivers, or brings into this State, or who is knowingly in actual or constructive possession of 8 grams or more of any morphine, opium, or any salt, isomer, or salt of an isomer thereof, including heroin, as described in §4714, or 8 grams or more of any mixture containing any such substance, is guilty of a Class B Felony, which felony shall be known as 'trafficking in illegal drugs.' If the quantity involved:

1. Is 8 grams or more, but less than 20 grams, which person shall be sentenced to a mandatory minimum term of imprisonment of 3 years and to pay a fine of $75,000.

2. Is 20 grams or more, but less than 50 grams, such person shall be sentenced to a mandatory minimum term of imprisonment of 10 years and to pay a fine of $150,000.

3. Is 50 grams or more, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and to pay a fine of 5750,000.

(2) Notwithstanding the provisions of §4764, with respect to any person who is found to have violated this section, adjudication of guilt of imposition of sentence shall not he suspended, deferred, or withheld, nor shall such person be eligible for parole or release upon good time credits or in any other manner, nor shall such individual be eligible for work release, supervised custody, furlough or any other similar program, prior to serving the mandatory minimum term of imprisonment prescribed by this section.

(3) The Attorney General may move the sentencing court to reduce or suspend the sentence of any person who is convicted of a violation of this section and who provides substantial assistance in the identification, arrest, or conviction of any of his accomplices, accessories, co-conspirators, or principals. Upon good cause shown, the motion may be tiled and heard in camera. The judge hearing the motion may reduce or suspend the sentence if he finds that the defendant rendered such substantial assistance.

(4) For purposes of this section with regard to the sentencing provisions, a year shall mean 365 days without any reductions for good time."

Approved July 9,1981.