CHAPTER 439

FORMERLY

SENATE BILL NO. 92

AS AMENDED BY SENATE AMENDMENT NO. 1 AND HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 42, TITLE 11, DELAWARE CODE RELATING TO STATUTORY AGGRAVATING CIRCUMSTANCES IN CAPITAL MURDER PROSECUTIONS.

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

Section 1. Amend Section 4209(e)(1), Title 11, Delaware Code, by adding

new subparagraphs 's', 't', 'u' thereto to read as follows:

"s. The victim was a child 14 years of age or younger, and the murder was committed by an Individual who is at least four years older than the victim.

t. At the time of the killing, the victim was or had been a
nongovernmental informant or had otherwise provided any investigative, law enforcement or police agency with information concerning criminal activity, and the killing was in retaliation for the victim's activities as a nongovernmental informant or in providing information concerning criminal activity to an investigative, law enforcement or police agency.

u. The murder was premeditated and the result of substantial planning. Such planning must be as to the commission of the murder itself and not simply as to the commission or attempted commission of any underlying felony."

Approved July 14, 1994.