CHAPTER 345

FORMERLY

HOUSE BILL NO. 414

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AND

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLES 10, 11, 16, AND 21 OF THE DELAWARE CODE RELATING TO CLASSIFICATION OF OR SENTENCING FOR CERTAIN OFFENSES.

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

Section 1. Amend § 4333, Title 11 of the Delaware Code by redesignating the current language of subsection “(g)” of that Section as new paragraph “(1)” of that subsection and by adding a new paragraph “(2)” to that subsection to read as follows:

“(2) As used in this Section, the phrase ‘period of probation or suspension of sentence’ shall not include any period of a sentence that is designated by the sentencing court to be served at Supervision Accountability Level IV as defined in § 4204(c)(4) of this Title.”.

Section 2. Amend § 761(d), Title 11 of the Delaware Code by striking the phrase “§§ 761-773” and by inserting in lieu thereof the phrase “§§ 763-780”.

Section 3. Amend § 1009(k), Title 10 of the Delaware Code by striking the phrase “either the display of a deadly weapon or” as it appears in that subsection and by inserting in lieu thereof the phrase “the display of what appears to be a deadly weapon or involves the representation by word or conduct that the person was in possession or control of a deadly weapon or involves”.

Section 4. Amend § 825(b)(2), Title 11 of the Delaware Code by striking the phrase “or any offense set forth under the laws of the United States, any other state or any territory of the United States which is the same as or equivalent to such offenses,” and the phrase “or for any offense set forth under the laws of the United States, any other state or any territory of the United States which is the same as or equivalent to such offenses” from that paragraph.

Section 5. Amend § 826(b)(2), Title 11 of the Delaware Code by striking the phrase “or any offense set forth under the laws of the United States, any other state or any territory of the United States which is the same as or equivalent to such offenses,” and the phrase “or for any offense set forth under the laws of the United States, any other state or any territory of the United States which is the same as or equivalent to such offenses” from that paragraph.

Section 6. Amend § 832(b)(2), Title 11 of the Delaware Code by striking the phrase “or any offense set forth under the laws of the United States, any other state or any territory of the United States which is the same as or equivalent to such offense,” and the phrase “or for any offense set forth under the laws of the United States, any other state or any territory of the United States which is the same as or equivalent to such offense” from that paragraph.

Section 7. Amend § 4763(a), Title 16 of the Delaware Code by striking the phrase as follows:

“or of any offense set forth under the laws of the United States, any other state or any territory of the United States which is the same as or equivalent to any such offenses,”.

Section 8. Amend § 4177B(e)(1), Title 21 of the Delaware Code by striking the phrase “For purposes of §§ 2742, 4177 and 4177B of this Title,” and inserting in lieu thereof the phrase as follows:

“For purposes of §§ 2742, 4177 and 4177B of this Title the provisions of § 4215A of Title 11 shall not be applicable but instead”.

Section 9. Amend § 4205(c), Title 21 of the Delaware Code by deleting that subsection in its entirety and by inserting a new Section “§ 4205A” to Title 21 of the Delaware Code to read as follows:

Ҥ 4205A. Classification of offenders sentenced to imprisonment under this Title.

(a) For offenses under this Title, except those which involve injury or death caused to another person by the person's driving or operation of the vehicle or which involve a driving under the influence-related conviction or offense as defined in § 4177B(e)(1)a.-d. of this Title, the terms of imprisonment defined in this Title may be served at Supervision Accountability Level IV as defined in § 4204(c)(4) of Title 11.

(b) For offenses under this Title which involve injury caused to another person by the person's driving or operation of the vehicle or a driving under the influence-related conviction or offense as defined in § 4177B(e)(1)a.-d. of this Title, any term of imprisonment defined in this Title shall be served at Supervision Accountability Level V as defined in § 4204(c)(5) of Title 11 or at Supervision Accountability Level IV as defined in § 4204(c)(4) of Title 11 provided that such Level IV placement must be served in a Department of Correction facility which requires full-time residence at the facility and that the person may not be outside the confines of that facility without armed supervision.

(c) For offenses under this Title which involve death caused to another person by the person's driving or operation of the vehicle any term of imprisonment defined in this Title shall be served at Supervision Accountability Level V as defined in § 4204(c)(5) of Title 11.

(d) A sentencing judge shall not designate under which provision of this Section an offender sentenced to imprisonment for a violation of a provision of this Title is to be classified to serve his or her imprisonment. Classification pursuant to the provisions of this Section of an offender sentenced to imprisonment for violation of a provision of this Title shall be done at the discretion of the Department of Correction in accordance with Chapter 65 of Title 11.”.

Approved July 12, 2004