CHAPTER 252

FORMERLY

HOUSE BILL NO. 306

AS AMENDED BY

HOUSE AMENDMENT NO. 2

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

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

Section 1. Amend § 1447A, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1447A. Possession of a firearm during the commission of a felony; class B felony.

(f) Every person charged under this section over the age of 15 16 years who, following an evidentiary hearing where the Superior Court finds proof positive or presumption great that the accused used, displayed, or discharged a firearm during the commission of Title 11 or a Title 31 violent felony as set forth in Section 4201 (c) of Title 11, shall be tried as an adult, notwithstanding any contrary provisions or statutes governing the Family Court or any other state law.  The provisions of this section notwithstanding, the Attorney General may elect to proceed in Family Court.

Approved May 24, 2018