SPONSOR:

Rep. Briggs King & Sen. Cloutier;

 

Reps. D. Short, Hudson, Blakey, Dukes, Gray, Kenton, Outten, Peterman, Ramone, Smyk, Spiegelman, Wilson, Atkins, Potter; Sens. Hocker, Lavelle, Lawson, Lopez, Pettyjohn, Simpson, Venables

HOUSE OF REPRESENTATIVES

147th GENERAL ASSEMBLY

HOUSE BILL NO. 82

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PENALTIES FOR POSSESSION AND PURCHASE OF DEADLY WEAPONS BY PERSONS PROHIBITED.


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


Section 1.Amend §1448(e), Title 11 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strikethrough as follows:

1448. Possession and purchase of deadly weapons by persons prohibited; penalties.

(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. FourSix years at Level V; or

b. SixEight 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. TenFifteen 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.


SYNOPSIS

This Act establishes that the minimum sentence of incarceration to be imposed upon any person who is convicted of illegally possessing a firearm while negligently causing serious physical injury or deaththrough the use of such firearm shall be six (6) years, unless the defendant caused such injury or death within ten (10) years of a previous conviction for a violent felony in which case the minimum sentence shall be eight (8) years; or unless the defendant caused such injury or death after two (2) previous convictions for violent felonies in which case the minimum sentence shall be fifteen (15) years.