CHAPTER 477

FORMERLY

HOUSE BILL NO. 507

AS AMENDED BY HOUSE AMENDMENT NO. 1 AND

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO HABITUAL CRIMINALS AND DEFINING VIOLENT FELONIES.

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

Section 1. Amend § 4201 of Title 11 of the Delaware Code by adding a new subsection thereto, said new subsection to read:

"(c) The following felonies shall be designated as violent felonies:

Title 11. Section Crime

513 Conspiracy First Degree

602 Aggravated Menacing

604 Reckless Endangering First Degree

612 Assault in the Second Degree

613 Assault in the First Degree

614 Assault on a Sports Official

629 Vehicular Assault in the First Degree

630 Vehicular Homicide in the Second Degree

630A Vehicular Homicide in the First Degree

631 Criminally Negligent Homicide

632 Manslaughter

633 Murder by Abuse or Neglect in the Second Degree

634 Murder by Abuse or Neglect in the First Degree

635 Murder in the Second Degree

636 Murder in the First Degree

645 Promoting Suicide

768 Unlawful Sexual Contact in the Second Degree

769 Unlawful Sexual Contact in the First Degree

770 Unlawful Sexual Penetration in the Third Degree

771 Unlawful Sexual Penetration in the Second Degree

772 Unlawful Sexual Penetration in the First Degree

773 Unlawful Sexual Intercourse in the Third Degree

774 Unlawful Sexual Intercourse in the Second Degree

775 Unlawful Sexual Intercourse in the First Degree

776 Sexual Extortion

777 Bestiality

778 Continuous Sexual Abuse of Child

779 Dangerous Crime Against a Child

782 Unlawful Imprisonment in the First Degree

783 Kidnapping in the Second Degree

783A Kidnapping in the First Degree

802 Arson in the Second Degree

803 Arson in the First Degree

825 Burglary in the Second Degree

826 Burglary in the First Degree

831 Robbery in the Second Degree

832 Robbery in the First Degree

846 Extortion

1108 Sexual Exploitation of a Child

1109 Unlawfully Dealing in Material Depicting a Child

1250 Assault in the First Degree Against a Law

Enforcement Animal

1253 Escape After Conviction

1254 Assault in a Detention Facility

1256 Promoting Prison Contraband (Deadly Weapon)

1302 Riot

1304 Hate Crimes

1312A Stalking

1338 Bombs, Incendiary Devices, Molotov Cocktails

and Explosive Devices

1339 Adulteration (Causing Injury or Death)

1353 Promoting Prostitution in the First Degree

1442 Carrying a Concealed Deadly Weapon (subsequent

Offense)

1444 Possessing a Destructive Weapon

1445 Unlawfully Dealing with a Dangerous Weapon

1447 Possessing a Deadly Weapon During the

Commission of a Felony

I447A Possessing a Firearm during the Commission of A

Felony

1455 Engaging in a Firearms Transaction on Behalf of

Another (subsequent Offense)

1449 Wearing Body Armor During the Commission of a

Felony

1503 Racketeering

3533 Aggravated Act of Intimidation

Title 16. Section Crime

1136 Abuse/Mistreatment/Neglect of a Patient

4751 Manufacture/Delivery/Possession with Intent to

Deliver a Controlled or Counterfeit Controlled Substance. Manufacture or Delivery Causing Death

4752 Manufacture/Delivery/Possession with Intent to

Deliver a Controlled or Counterfeit Controlled Substance

4752A Unlawful Delivery of a Noncontrolled Substance

4753A Trafficking in Marijuana, Cocaine, Illegal Drugs,

Nlethamphetamine. LSD or Designer Drugs

4754A Possession and delivery of a Noncontrolled

Prescription Drug

4761 Distribution to Minors

4767 Distribution. Delivery or Possession of a Controlled

Substance within 1,000 feet of School Property

4768 Distribution, Delivery or Possession of a Controlled

Substance within 300 feet of a Park or Recreation

Area

4773 Delivery of Drug Paraphernalia to a Minor

Title 31. Section Crime

3913 Abuse/Neglect/Exploit/Mistreat an Infirm Adult

Any attempt to commit any felony designated in this subsection as a violent felony shall also he designated as a violent felony.-

Section 2. Amend § 4214(a). Title II of the Delaware Code, by adding the following IICNV sentence to said subsection, said new sentence to be placed immediately after the first sentence of said subsection:

"Notwithstanding any provision of this Title to the contrary, any person sentenced pursuant to this subsection shall receive a minimum sentence which shall not be less than the statutory maximum penalty provided elsewhere in this Title for the fourth or subsequent felony which forms the basis of the State's petition to have the person declared to be an habitual criminal except that this minimum provision shall apply only when the fourth or subsequent felony is a Title 11 violent felony, as defined in section 4201(c) of this Title."

Approved July 10, 1996