CHAPTER 368

FORMERLY

SENATE BILL NO. 594

AN ACT TO AMEND CHAPTER 14, TITLE 11 DELAWARE CODE RELATING TO WEARING BODY ARMOR DURING THE COMMISSION OF A FELONY.

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

Section 1. Amend Chapter 14, Title 11 Delaware Code by adding thereto a new §1449 to read as follows:

"§1449. Wearing Body_Armor During the Commission of a Felony

(a) A person who wears body armor during the commission of a felony is guilty of wearing body armor during the commission of a felony.

Wearing body armor during the commission of a felony is a Class B felony.

(b) Notwithstanding 54205 of this title, the minimum sentence for violation of this section shall be not less than three years which minimum sentence shall not be subject to suspension and no person convicted for a violation of this section shall be eligible for parole or probation during such three years.

(c) Any sentence imposed upon conviction for wearing body armor during the commission of a felony shall not run concurrently with any other sentence. In any Instance where a person is convicted of a felony, together with the conviction for wearing body armor during the commission of a felony, such person shall serve the sentence for the felony Itself before beginning the sentence imposed for wearing body armor during the commission of such felony.

(d) Every person charged under this section over the age of 16 years shall be tried as an adult, notwithstanding any contrary provision of statutes governing the Family Court or any other state law.

(e) As used in this section, the term "body armor" means any material designed to provide bullet penetration resistance.

(f) A person may be found guilty of violating this section notwithstanding that the felony for which he is convicted and during which he wore body armor is a lesser included felony of the one originally charged.

Approved July 8,1982.