SPONSOR:   

Sen. Townsend

 

 

 

DELAWARE STATE SENATE

147th GENERAL ASSEMBLY

 

SENATE AMENDMENT NO. 2

TO

SENATE BILL NO. 9

 

 

 

 

 


 


AMEND Senate Bill No. 9 by striking Section 4 thereof in its entirety, and by substituting in lieu thereof the following:

Section 4.  Amend Section 4204A of Title 11 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strikethrough as follows:

§ 4204A. Confinement of youth convicted in Superior Court

 (d)(1)     Notwithstanding any provision of this Title to the contrary, any offender sentenced to an aggregate term of incarceration in excess of 25 years for any offense or offenses other than Murder First Degree that were committed prior to the offender’s eighteenth birthday shall be eligible to petition the Superior Court for sentence modification after the offender has served 25 years of the originally imposed Level V sentence.

                (2)           Notwithstanding any provision of this Title to the contrary, any offender sentenced to a term of incarceration for Murder First Degree when said offense was committed prior to the offender’s eighteenth birthday shall be eligible to petition the Superior Court for sentence modification after the offender has served 35 years of the originally imposed Level V sentence. 

                (3)           Notwithstanding any provision of this subsection or Title to the contrary, any offender who has petitioned the Superior Court for sentence modification pursuant to this subsection shall not be eligible to submit a second or subsequent petition until at least 5 years have elapsed since the date on which the Court ruled upon the offender’s most recent petition. Further, the Superior Court shall have the discretion at the time of each sentence modification hearing to prohibit a subsequent sentence modification petition for a period of time in excess of five years if the Superior Court finds there to be no reasonable likelihood that the interests of justice will require another hearing within five years.

                (4)           Notwithstanding the provisions of § 4205 or § 4217 of this Title, any court rule or any other provision of law to the contrary, a Superior Court judge upon consideration of a petition filed pursuant to subsection (d) of this Section, may modify, reduce or suspend such petitioner’s sentence, including any minimum or mandatory sentence, or a portion thereof, in the discretion of the court.  Nothing in this Section , however, shall require the court to grant such a petitioner a sentence modification pursuant to this section.

                (5)           The Superior Court shall have the authority to promulgate appropriate rules to regulate the filing and litigation of sentence modification petitions pursuant to this paragraph. 

FURTHER AMEND Senate Bill No. 9 by deleting Section 5 thereof in its entirety.

FURTHER AMEND Senate Bill No. 9 by deleting on line 66 thereof the phrase “new Section 4217(f)(3)a of Title 11” as it appears therein and by substituting in lieu thereof the phrase “new Section 4204A(d) of Title 11”

FURTHER AMEND Senate Bill No. 9 by striking Section 8 and Section 9 thereof in their entirety, and by substituting in lieu thereof the following:

“Section 8. The provisions of this Act shall be applicable to any person serving a sentence at Level V for any offense that was committed prior to the offender’s eighteenth birthday, regardless of whether such offense was committed prior to or after enactment of this Act.”


SYNOPSIS

This Amendment clarifies that offenders sentenced for first degree murder for a crime committed prior to their 18th birthday will serve 35 years of incarceration before being eligible for a sentence modification by the Court, and offenders sentenced for crimes other than first degree murder for a crime or crimes committed prior to their 18th birthday will be eligible for sentence modification by the Court after 25 years of incarceration.  The Amendment streamlines the sentence modification procedure in these cases by permitting the offender to file his or her petition directly with the Superior Court. It also establishes a waiting period of at least 5 years between each sentence modification petition filed by an offender, with the Court being authorized to order a longer waiting period.

Author: Senator Townsend