CHAPTER 88

FORMERLY

SENATE BILL NO. 150

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

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

Section 1. Amend § 4333 of Title 11 of the Delaware Code by adding a new subsection “(j)” thereto, to read as follows:

“(j) Notwithstanding any other provision to the contrary, the provisions of subsections (b), (c), (d) and (e) of this section shall be applicable to sentences imposed prior to June 1, 2003 only upon an order of the Court entered for good cause shown after its consideration of an application for sentence modification filed by the Department of Correction.”

Section 2. Amend § 4333(c) of Title 11 of the Delaware Code by adding immediately after the last sentence thereof the following:

“The provisions of this subsection shall not apply to a sentence imposed for a conviction involving an offense committed while the offender was serving a period of probation or suspension of sentence.”

Section 3. Amend § 4333 (d)(1),(2),(3) of Title 11 of the Delaware Code by striking the phrase “and by a preponderance of the evidence” as it appears variously in said paragraphs.

Section 4. Amend § 4333(e) of Title 11 of the Delaware Code by striking the phrase “and by a preponderance of the evidence” as it appears in said subsection.

Approved June 30, 2003