CHAPTER 229

FORMERLY

HOUSE BILL NO. 433

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE POSSESSION OF FIREARMS BY CRIMINALS DURING FELONIES.

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

Section 1. Amend Chapter 5, Title 11 Delaware Code by adding thereto a new section to be designated as §1447A, said section to read as follows:

"§1447A. Possession of a firearm during commission of a felony: Class B Felony.

(a) A person who is in possession of a firearm during the commission of a felony is guilty of possession of a firearm during the commission of a felony. Possession of a firearm during the commission of a felony is a Class B felony.

(b) A person convicted under subsection (a) of this section shall receive a minimum sentence of 3 years at Level V, notwithstanding the provisions of §4205(b)(2) of this title.

(c) A person convicted under subsection (a) of this section, and who has been at least twice previously convicted of a felony in this State or elsewhere, shall receive a minimum sentence of 5 years at Level V, notwithstanding the provisions of §4205(b)(2) and 4215 of this title.

(d) Any sentence imposed upon conviction for possession of a firearm 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 a conviction for the possession of a firearm during the commission of such felony, such person shall serve the sentence for the felony itself before beginning the sentence imposed for possession of a firearm during such felony.

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

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

Approved May 27, 1994.