CHAPTER 263

FORMERLY

HOUSE BILL NO. 277

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE REPEAL OF CERTAIN CRIMINAL STATUTES.

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

Section 1. Amend Chapter 2 of Title II of the Delaware Code by adding thereto a new section, to be designated as § 211, to read as follows:

'211. Repeal of statutes as affecting existing liabilities.

(a) The repeal of any statute creating, defining or relating to any criminal offense set forth under the laws of this State, shall not have the effect of releasing or extinguishing any penalty, forfeiture or liability incurred under such statute, unless the repealing act shall so expressly provide, and such statute shall be treated as remaining in full force and effect for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture or liability.

() Any action, case, prosecution, trial or other legal proceeding in progress under or pursuant to any statute relating to any criminal offense set forth under the laws of this State shall be preserved and shall not become illegal or terminated in the event that such statute is later amended by the General Assembly, irrespective of the stage of such proceeding, unless the amending act expressly provides to the contrary. For the purposes of such proceedings, the prior law shall remain in full force and effect.

Approved April 20, 1998