CHAPTER 71

FORMERLY

SENATE BILL NO. 161

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND PART VI, CHAPTER 90, TITLE 11, DELAWARE CODE, RELATING TO THE COMPENSATION OF INNOCENT VICTIMS OF CRIME.

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

Section 1. Amend §9002(3), Chapter 90, Title 11, ,Delaware Code by inserting a new subparagraph (d) to read as follows:

"(d) Any specific act of delinquency by a child, which if committed by an adult would constitute a specific offense set forth in Chapter 5 of this Title, and contains the characteristics of murder, rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, manslaughter, assault, kidnapping, arson, burglary, robbery, riot, unlawful use of explosives or unlawful use of firearms."

Section 2. Amend §9012(a), Chapter 90, Title 11, Delaware Code by striking it in its entirety and adding a new subsection (a) to read as follows:

"(a) In addition to, and at the same time as, any fine is assessed to any criminal defendant or any child adjudicated delinquent, there shall be levied an additional penalty of 15% of every fine, penalty and forfeiture imposed and collected by the courts for crimes. Where multiple offenses are involved, the penalty assessment shall be based upon the total fine for all offenses. When a fine, penalty or forfeiture is suspended, in whole or in part, the penalty assessment shall not be suspended."

Section 3. Amend §9014, Chapter 90, Title 11, Delaware Code by inserting the words "or the adjudication of delinquency of any child" after the words "conviction of any person" as the same appears in the first sentence of said section.

Approved July 6, 1989