CHAPTER 126

FORMERLY

SENATE BILL NO. 167

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PROBATION BEFORE JUDGMENT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Title 11 of the Delaware Code by adding a new section 4218 to read as follows:

Ҥ 4218. Probation Before Judgment.

(a) For a violation or misdemeanor offense under Titles 4, 7, 11 or 21 of the Delaware Code, when such offense is the first such offense on the individual’s record, a court exercising criminal jurisdiction after accepting a guilty plea or nolo contendere plea may, with the consent of the defendant and the prosecuting agency, stay the entry of judgment, defer further proceedings, and place the defendant on “Probation Before Judgment” subject to such reasonable terms and conditions as may be appropriate. The terms and conditions may include any or all of the following: 1) ordering the defendant to pay a pecuniary penalty, 2) ordering the defendant to pay court costs to the State, 3) ordering the defendant to pay restitution, 4) ordering the defendant to perform community service, 5) ordering the defendant to refrain from contact with certain persons, and 6) ordering the defendant to conduct themselves in a specified manner.

(b) This section may not be substituted for:

1) Title 10 of the Delaware § 1024. First offenders domestic violence diversion program;

2) Title 11 of the Delaware Code § 900A. Conditional discharge for issuing a bad check as first offense;

3) Title 16 of the Delaware Code § 4764. First Offenders Controlled Substances Diversion Program; or

4) Title 21 of the Delaware Code § 4177B. First offenders; election in lieu of trial.

(c) This section may not be used by any defendant who is currently serving a sentence, or is currently on probation, parole or early release for any violent felony as set forth in §4201(c) of this Title.

(d) This section shall not be available to any person who has previously been admitted to Probation Before Judgment for any offense within 5 years of the current offense.

(e) Upon a violation of a term or condition of the Court’s order of Probation Before Judgment, the Court may enter judgment and proceed with disposition of the person as if the person had not been placed on Probation Before Judgment.

(f) Upon fulfillment of the terms and conditions of Probation Before Judgment, the Court shall discharge the person from probation. The discharge is the final disposition of the matter. Discharge of a person under this section shall be without judgment of conviction and is not a conviction for purposes of any disqualification or disability imposed by law because of conviction of a crime.”

Approved July 02,1999