CHAPTER 358

FORMERLY

SENATE BILL NO. 511

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 43, TITLE 11 OF THE DELAWARE CODE RELATING TO PRESENTENCE INVESTIGATIONS.

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

Section 1. Amend Section 4331 (a) by striking the present subsection and substituting in lieu thereof the following:

"(a) Upon conviction of any person for any crime and before sentencing, the court :nay, before fixing punishment or imposing sentence, direct a probation officer to thoroughly investigate and report upon the history of the accused and any and all other relevant facts, to the end that the court may be fully advised as to the appropriate and just sentence to be imposed; provided, however, that if the court order such investigation for an offender convicted of murder, rape, the manufacture, delivery or possession with intent to manufacture a narcotic durg, or trafficking under 16 Del. C. §4753A, with respect to a narcotic drug, the offender shall immediately be remanded to the Delaware Correctional Center during the time such investigation is being conducted. All time spent by the offender in custody prior to completion of the presentence investigation and all other sentencing procedures shall be credited against the amount of time which the offender is sentenced to serve."

Approved July 8, 1982.