CHAPTER 174

FORMERLY

HOUSE BILL NO. 287

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE CLASSIFICATION OF OFFENSES, SENTENCES..

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

Section 1. Amend Section 4209(d)(1) of Title 11 of the Delaware Code by inserting between the fourth and fifth sentences of said paragraph the following:

“The jury’s recommendation concerning whether the aggravating circumstances found to exist outweigh the mitigating circumstances found to exist shall be given such consideration as deemed appropriate by the Court in light of the particular circumstances or details of the commission of the offense and the character and propensities of the offender as found to exist by the Court. The jury’s recommendation shall not be binding upon the Court.”.

Section 2. Amend Section 4209(d)(4) of Title 11 of the Delaware Code by striking said paragraph in its entirety, and by substituting in lieu thereof the following:

“(4) After the Court determines the sentence to be imposed, it shall set forth in writing the findings upon which its sentence is based. If a jury is impaneled, and if the Court’s decision as to whether the aggravating circumstances found to exist outweigh the mitigating circumstances found to exist differs from the jury’s recommended finding, the Court shall also state with specificity the reasons for its decision not to accept the jury’s recommendation.”.

Section 4. This Act shall apply to all defendants tried, re-tried, sentenced or re-sentenced after its effective date.

Approved July 15, 2003