SPONSOR:

Rep. Keeley & Sen. Marshall

 

HOUSE OF REPRESENTATIVES

147th GENERAL ASSEMBLY

HOUSE BILL NO. 225

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(e), Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

(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 2.This Act shall be known as and may be cited to as "Cameron's Law."


SYNOPSIS

This Act will restore 11 Del. C. §1448(e)(2) to its place in Delaware's Criminal Code.The paragraph was inadvertently repealed in 2013.