CHAPTER 98

FORMERLY

SENATE BILL NO. 130

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE REGARDING SENTENCING IN CRIMINAL CASES.

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

Section 1. Amend Title 11 of the Delaware Code by adding thereto a new section, to be designated as Section 234, to read as follows.

"§234. Definition of Terms Requiring Certain Sentences.

When used for the purpose of describing or requiring a sentence of incarceration imposed pursuant to this Title, the terms "minimum" "mandatory," "minimum mandatory" and "mandatory minimum" shall be construed as being synonymous."

Section 2. Amend Section 2104(c)(1) of Title 11 of the Delaware Code by inserting between the phrases "for which a" and "mandatory minimum" as they appear in said section the following:

"mandatory, minimum, minimum mandatory, or"

Section 3. Amend Section 2104(c)(2) of Title 11 of the Delaware Code by inserting between the phrases "for which a" and "mandatory minimum" as they appear in said section the following:

"mandatory, minimum, minimum mandatory, or"

Section 4. Amend Section 2104(c) by adding immediately after the last sentence of said subsection the following:

"The provisions of this subsection shall not apply to pleas or convictions for any felony set forth in Title 21 of this Code."

Section 5. Amend Section 4204(d) of Title 11 of the Delaware Code by striking the words "mandatory or may not be suspended" as they currently appear in said section, and by substituting in lieu thereof the following:

"a mandatory sentence, a minimum sentence, a minimum mandatory sentence or a mandatory minimum sentence, or may not otherwise be suspended."

Section 6. Amend Section 4205(d) of Title 11 of the Delaware Code by inserting between the phrases "when a minimum" and "is required by" as they appear in said section the following:

, mandatory, mandatory minimum or minimum mandatory"

Approved June 30, 1997