HOUSE BILL NO. 163
AS AMENDED BY
HOUSE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE USE OF A FIREARM BY PERSONS PREVIOUSLY CONVICTED OF A VIOLENT FELONY.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend § 1448, Title 11 of the Delaware Code by striking the phrase “class F felony or class D felony” from the title of that section and by substituting in lieu thereof the word “penalties”.
Section 2. Amend § 1448(e), Title 11 of the Delaware Code by re-designating the final two sentences of that subsection as new paragraph “(3)” of that subsection, by further re-designating the remainder of the current language of subsection (e) as “(e)(1)” and re-designating the existing paragraphs (1), (2) and (3) as subparagraphs “a.”, “b.” and “c.” thereof, respectively.
Section 3. Further amend § 1448(e), Title 11 of the Delaware Code by inserting a new paragraph “(2)” thereto as follows:
“(e)(2) Any person who is a prohibited person as described in this section because of a conviction for a violent felony and who, while in possession or control of a firearm in violation of this section, negligently causes serious physical injury to or the death of another person through the use of such firearm, shall be guilty of a class B felony and shall receive a minimum sentence of:
a. Four years at Level V; or
b. Six years at Level V, if the person causes such injury or death within 10 years of the date of conviction for any violent felony or the date of termination of all periods of incarceration or confinement imposed pursuant to said conviction, whichever is the later date; or
c. Ten years at Level V, if the person has been convicted on 2 or more separate occasions of any violent felony.
d. Nothing in this paragraph shall be deemed to be a related or included offense of any other provision of this Code. Nothing in this paragraph shall be deemed to preclude prosecution or sentencing under any other provision of this Code nor shall this paragraph be deemed to repeal any other provision of this Code.”
Section 4. Amend §1448(e), Title 11 of the Delaware Code by inserting a new paragraph “(4)” into that subsection as follows:
“(4) Any sentence imposed for a violation of this subsection shall not be subject to suspension and no person convicted for a violation of this subsection shall be eligible for good time, parole or probation during the period of the sentence imposed.”
Section 5. The term “Title” shall be amended such that it is a capitalized term wherever it shall appear in new paragraph 3.
Section 6. “This Act shall be known as and may be cited to as “Cameron’s Law”.
Section 7. Amend § 253, Title 11 of the Delaware Code by inserting as the first sentence of that section the following: “Whenever a statute provides that negligence suffices to establish an element of an offense, the element is also established if a person acts intentionally, knowingly, recklessly or with criminal negligence.”
Approved July 05, 2007