CHAPTER 358

FORMERLY

HOUSE BILL NO. 549

AS AMENDED BY HOUSE AMENDMENT NOS. 2 AND 3

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE POSSESSION OF A HANDGUN BY A JUVENILE.

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

Section 1. Amend § 1448, Title 11 of the Delaware Code, by adding a new subsection thereto as follows:

"(f) Upon conviction, any person who is a prohibited person as described in subsection (a)(5) above and who is 14 years of age or older shall, for a first offense, receive a minimum sentence of 6 months of Level V incarceration, and shall receive a minimum sentence of 1 year of Level V incarceration for a second and subsequent offense, which shall not be subject to suspension. Any sentence imposed pursuant to this subsection shall not be subject to the provisions of §§ 4205(b) and 4215 of this Title.

The penalties prescribed by this subsection and subsection (g) shall he imposed regardless of whether or not the juvenile is determined to be amenable to the rehabilitative process of the Family Court pursuant to § 1010(c) of Title 10 or any successor statute."

Section 2. Amend § 1448, Title 11 of the Delaware Code, by adding a new subsection thereto as follows:

"(g) In addition to the penalties set forth in subsection (f) herein, a person who is a prohibited person as described in subsection (a)(5) and who is 14 years of age or older shall, upon conviction of a first offense, be required to view a film and/or slide presentation depicting the damage and destruction inflicted upon the human body by a projectile fired from a gun, and shall be required to meet with, separately or as part of a group, a victim of a violent crime, or with the family of a deceased victim of a violent crime. The Division of Youth Rehabilitative Service, with the cooperation of the Office of the Chief Medical Examiner and the Violent Crimes Compensation Board, shall be responsible for the implementation of this subsection."

Approved July 2, 1998