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SPONSOR: |
Sen. Ennis & Sen. Henry & Rep. Mitchell & Rep. Keeley |
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Sens. Blevins, Bonini, Hall-Long, Hocker, Lopez, Marshall, Pettyjohn, Poore, Sokola; Reps. Bolden, Briggs King, Q. Johnson, Lynn, Matthews, Osienski, Paradee, Potter, Ramone, B. Short, D. Short, K. Williams |
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DELAWARE STATE SENATE 148th GENERAL ASSEMBLY |
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SENATE BILL NO. 12 |
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AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE POSSESSION OF FIREARMS BY PERSONS PROHIBITED. |
Section 1. Amend §1448, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§1448. Possession and purchase of deadly weapons by persons prohibited; penalties.
(b) Any prohibited person as set forth in subsection (a) of this section who knowingly possesses, purchases, owns or controls a deadly weapon or ammunition for a firearm while so prohibited shall be guilty of possession of a deadly weapon or ammunition for a firearm by a person prohibited.
(e)(1) Notwithstanding any provision of this section or Code to the contrary, any person who is a prohibited person as described in this section and who knowingly possesses, purchases, owns or controls a firearm or destructive weapon while so prohibited shall receive a minimum sentence of:
a. Three years at Level V, if the person has previously been convicted of a violent felony;
b. Five years at Level V, if the person does so within 10 years of the date of conviction for any violent felony or for an offense defined in subsection (b) of this section, 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 or an offense defined in subsection (b) of this section.
(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.
(3) Nothing in paragraph (e)(2) of this section shall be deemed to be a related or included offense of any other provision of this Code. Nothing in paragraph (e)(2) of this section shall be deemed to preclude prosecution or sentencing under any other provision of this Code nor shall paragraph (e)(2) of this section be deemed to repeal any other provision of this Code.
(3) (4) Any sentence imposed pursuant
to this subsection shall not be subject to the provisions of §4215 of this
title. For the purposes of this subsection, "violent felony" means
any felony so designated by §4201(c) of this title, 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 any of the offenses
designated as a violent felony by §4201(c) of this title.
(4) (5) 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.
(6) For purposes of this subsection:
a. If a person is 25 years of age or less when a violation of subsection (b) of this section occurs, "convicted" or "conviction" includes any adjudication of delinquency occurring on or after the person's 16th birthday.
b. "Violent felony" means any felony so designated by §4201(c) of this title, 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 any of the offenses designated as a violent felony by §4201(c) of this title.
SYNOPSIS
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This Act closes two significant loopholes in Delaware law in order to ensure that punishment for the illegal possession of firearms by violent persons is certain. First, by adding a definition for "convicted" or "conviction" that includes adjudications of delinquency occurring on or after a person's 16th birthday, this Act requires mandatory minimum sentences for adults who possess firearms and were convicted of a violent crime when they were 16 or 17 years of age. Currently, Delaware law excludes those persons adjudicated delinquent of violent felonies from mandatory minimum sentencing if they are later convicted of illegal possession of a firearm as adults. Second, this Act requires mandatory minimum sentences for those who repeatedly violate Delaware's illegal possession law. Currently, a person who is prohibited from possessing a firearm for reasons other than the commission of a violent felony (e.g. a person who has committed a misdemeanor act of domestic violence) can be convicted of illegal possession repeatedly without facing any mandatory minimum sentence. Additionally, this Act makes technical corrections consistent with legislative drafting conventions. |
Author: Senator Ennis