CHAPTER 346

FORMERLY

HOUSE BILL NO. 417

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

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

Section 1. Amend § 4214(a), Title 11 of the Delaware Code by striking the last sentence of that subsection in its entirety and by substituting in lieu thereof the following two sentences:

"Notwithstanding any provision of this Title to the contrary, any sentence of life imprisonment imposed pursuant to this subsection shall not be subject to suspension by the Court, and shall be served in its entirety at a full custodial Level V institutional setting without the benefit of probation, parole, earned good time or any other reduction. Notwithstanding any provision of this Title to the contrary, any sentence of less than life imprisonment imposed pursuant to this subsection shall not be subject to suspension by the Court, and shall be served in its entirety at a full custodial Level V institutional setting without the benefit of probation or parole, except that any such sentence shall be subject to the provisions of §§ 4205(h), 4217, 4381 and 4382 of this Title.”.

Section 2. Amend § 4381(a), Title 11 of the Delaware Code by deleting the phrase “other than a life sentence imposed for class A felonies” and by inserting in lieu thereof the phrase “other than a life sentence imposed pursuant to any provision of this Code”.

Approved July 12, 2004