11 Del. C. § 1502 — Delaware Code / Title 11 / Chapter 15 / Section 1502
§ Â
        1502. Definitions.
Status: in_force

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) a. “Beneficial interest” shall include any of the following:

1. The interests of a person as a beneficiary under any trust arrangement under which a trustee holds legal or record title to personal or real property; or

2. The interests of a person, under any other form of express fiduciary arrangement, pursuant to which any other person holds legal or record title to personal or real property for the benefit of such person.

b. The term “beneficial interest” shall not include the interest of a stockholder in a corporation, or the interest of a partner in either a general partnership or a limited partnership.

(2) “Documentary materials” shall mean any book, paper, document, writing, drawing, graph, chart, photograph, phonorecord, magnetic tape, computer printout, and any data compilation from which information can be obtained or from which information can be translated into useable form, or other tangible item.

(3) “Enterprise” shall include any individual, sole proprietorship, partnership, corporation, trust or other legal entity; and any union, association or group of persons associated in fact, although not a legal entity. The word “enterprise” shall include illicit as well as licit enterprises, and governmental as well as other entities.

(4) “Foreign corporation” shall have the same definition as is set forth in § 371 of Title 8.

(5) “Pattern of racketeering activity” shall mean 2 or more incidents of conduct:

a. That:

1. Constitute racketeering activity;

2. Are related to the affairs of the enterprise;

3. Are not so closely related to each other and connected in point of time and place that they constitute a single event; and

b. Where:

1. At least 1 of the incidents of conduct occurred after July 9, 1986;

2. The last incident of conduct occurred within 10 years after a prior occasion of conduct; and

3. As to criminal charges, but not as to civil proceedings, at least 1 of the incidents of conduct constituted a felony under the Delaware Criminal Code, or if committed subject to the jurisdiction of the United States or any state of the United States, would constitute a felony under the Delaware Criminal Code if committed in the State.

(6) “Pecuniary value” shall mean:

a. Anything of value in the form of money, a negotiable instrument, a commercial interest or anything else which constitutes an economic advantage; or

b. Any other property or service that has a value in excess of $100.

(7) “Personal property” shall include any personal property or any interest in such personal property, or any right, including bank accounts, debts, corporate stocks, patents or copyrights. An item of personal property or a beneficial interest in personal property shall be deemed to be located where the trustee is, where the personal property is or where the instrument evidencing the right is.

(8) “Principal” shall mean a person who engages in conduct constituting a violation, or one who is legally accountable for the unlawful conduct of another person or entity.

(9) “Racketeering” shall mean to engage in, to attempt to engage in, to conspire to engage in or to solicit, coerce or intimidate another person to engage in any of the following:

a. Any activity defined as “racketeering activity” under 18 U.S.C. § 1961(1)(A), (1)(B), (1)(C) or (1)(D).

b. Any activity constituting any felony which is chargeable under the Delaware Code or any activity constituting a misdemeanor under any of the following provisions of the Delaware Code:

1. Chapter 53 of Title 30 relating to evasion of payment of cigarette taxes.

2. Chapter 73 of Title 6 relating to the sale of securities.

3. Chapter 5 of Title 11 relating to prostitution.

4. Chapter 5 of Title 11 and Title 6 relating to forgery and counterfeiting.

5. Chapter 5 of Title 11 relating to perjury.

6. Chapter 5 of Title 11 and Title 28 relating to bribery and misuse of public office and improper influence.

7. Chapter 5 of Title 11 relating to obscenity.

8. Chapter 5 of Title 11 and Title 28 relating to gambling.

9. Title 11 and Title 16 relating to drug abuse, prevention and control.

10. Chapter 5 of Title 11 relating to tampering with jurors, evidence and witnesses.

11. Chapter 51 of Title 30 relating to motor fuel tax offenses.

12. Chapter 5 of Title 11 relating to human trafficking.

13. Chapter 5 of Title 11 relating to animal fighting and baiting.

14. Chapter 5 of Title 11 relating to hate crimes or civil rights.

15. Chapter 5 of Title 11 relating to obstruction of justice.

(10) “Real property” shall mean any real property situated in this State or any interest in such real property, including, but not limited to, any lease of or mortgage upon such real property.

(11) a. “Trustee” shall include:

1. Any person acting as trustee under a trust in which the trustee holds legal or record title to personal or real property; or

2. Any person who holds legal or record title to personal or real property, for which any other person has a beneficial interest; or

3. Any successor trustee.

b. The term “trustee” shall not include an assignee or trustee for an insolvent debtor, nor an executor, administrator, administrator with will annexed, testamentary trustee, conservator, guardian or committee appointed by, under the control of, or accountable to, a court.

(12) “Unlawful debt” shall mean a debt incurred or contracted in an illegal gambling activity or business; or a debt which is unenforceable under state law, in whole or in part, as to either principal or interest.
11 Del. C. § 2510 — Delaware Code / Title 11 / Chapter 25 / Subchapter I / Section 2510
§ Â
        2510. Rights of accused; habeas corpus.
Status: in_force

No person arrested upon such warrant shall be delivered over to the agent whom the executive authority demanding the person has appointed to receive the person unless the person is first taken forthwith before a judge of a court of record or a justice of the peace in this State, who shall inform the person of the demand made for the person’s surrender and of the crime with which the person is charged, and that the person has the right to demand and procure legal counsel. If the prisoner or the prisoner’s counsel states that the person or they desire to test the legality of the prisoner’s arrest, the judge or justice of the peace shall fix a reasonable time to be allowed within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the Deputy Attorney General of the county in which the arrest is made and in which the accused is in custody, or to the Attorney General or the Chief Deputy Attorney General, and to the agent of the demanding state.
11 Del. C. § 4122 — Delaware Code / Title 11 / Chapter 41 / Subchapter III / Section 4122
§ Â
        4122. Transition provisions.
Status: repealed

(a) Section 4121 of this title and this section shall be retroactively applicable to any person convicted of a registering offense.

(b) Notwithstanding any law, rule or regulation to the contrary, as soon after March 1, 1999, as is practicable, the Attorney General shall apply § 4121 of this title to those persons identified by subsection (a) of this section, and will redesignate those persons to a Risk Assessment Tier pursuant to § 4121 of this title. Upon the redesignation, the Attorney General will provide notice of such redesignation by registered or certified mail to the person’s last registered address, or by any other means which creates a reliable record of the receipt by the offender of such notice or of the attempts to provide the offender with the notice. The notice shall advise the person as to the duties and consequences imposed by law upon persons designated to the particular Risk Assessment Tier, and of the person’s right to elect a hearing on the issue of the new Risk Assessment Tier designation. The Attorney General shall have the authority to promulgate reasonable regulations to implement this subsection. Such regulations shall be effective and enforceable upon their adoption, and shall not be subject to Chapters 11 and 101 of Title 29.

(c) Any sex offender redesignated to a Risk Assessment Tier pursuant to this section shall have the right to request that the Superior Court review and finally determine such designation. The request shall be made in writing and delivered to the Superior Court within 10 days of the receipt by the offender of the notice described in subsection (b) of this section. The Superior Court shall promptly forward a copy of the request to the Attorney General. Failure of the offender to deliver the request to the Superior Court within the time limits specified shall constitute a waiver of the offender’s right to review.

(d) Following receipt of timely notice by the Superior Court, it shall hold a hearing to determine the appropriateness of the Attorney General’s new Risk Assessment Tier designation. The person and the Attorney General shall have the right to be heard at the hearing. This hearing shall not be held unless written notice of the hearing is provided to the Attorney General at least 30 days prior to the scheduled hearing date. A copy of the application for review shall be provided to the Attorney General along with written notice of the hearing date.

(e), (f) [Repealed.]

(g) Whenever an offender fails to elect a hearing in a timely fashion, the Attorney General shall forward notice of the redesignated Risk Assessment Tier to the Superintendent of the Delaware State Police and to the chief law-enforcement officer of the jurisdiction where the person is residing at the time of the redesignation. In the event the person requests a hearing, at the conclusion of the hearing, the Attorney General shall forward a notice of the redesignated Risk Assessment Tier to the Superintendent of the Delaware State Police and to the chief law-enforcement officer of the jurisdiction where the person is residing at the time of the redesignation. The Superintendent of the Delaware State Police shall enter information pertaining to any redesignation pursuant to this section into the DELJIS computer system.

(h) Upon Risk Assessment Tier redesignation pursuant to this section, §§ 4120 and 4121 of this title shall apply. Until redesignation, §§ 4120 and 4336 of this title shall remain in full force and effect.
11 Del. C. § 9503 — Delaware Code / Title 11 / Chapter 95 / Section 9503
§ Â
        9503. Confidentiality.
Status: in_force

(a) All memoranda, work notes or products, case files or programs, and data collected under this chapter are confidential and privileged. This information is not subject to disclosure in any judicial or administrative proceeding.

(b) Confidentiality under subsection (a) of this section may be waived if a court or administrative tribunal determine that the materials were submitted by a participant to the program for the purpose of avoiding discovery of the material in a subsequent proceeding.

(c) Any communication relating to the subject matter of the resolution made during the mediation process by any participant, mediator, or any other person is a privileged communication. It is not subject to disclosure in any judicial or administrative proceeding unless all parties to the communication waive the privilege.

(d) To the extent that the communication in subsection (c) of this section may be relevant evidence in a criminal matter, the privilege and limitation of evidentiary use does not apply to any communication of a threat that injury or damage may be inflicted on any person or on the property of a party to the dispute.

(e) Nothing in this section prevents the Victim-Offender Alternative Case Resolution Committee from obtaining access to any information it deems necessary to administer this chapter.
11 Del. C. § 4111 — Delaware Code / Title 11 / Chapter 41 / Subchapter II / Section 4111
§ Â
        4111. Use.
Status: repealed

(a) The use of money from the Special Law Enforcement Assistance Fund [SLEAF] must be for the purposes declared in § 4110 of this title. The Attorney General shall allocate resources and approve expenditures in respect of permitted uses in accordance with this subchapter, including any disbursement guidelines established under § 4113(a) of this title, and shall consider the recommendations of the SLEAF Committee, as defined below, in connection with any such allocation or approval.

(b), (c) [Repealed.]
11 Del. C. § 1223 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1223
§ Â
        1223. Perjury in the first degree; class D felony.
Status: in_force

A person is guilty of perjury in the first degree when the person swears falsely and when the false statement consists of testimony and is material to the action, proceeding or matter in which it is made.

Perjury in the first degree is a class D felony.
11 Del. C. § 4373 — Delaware Code / Title 11 / Chapter 43 / Subchapter VII / Section 4373
§ Â
        4373. Mandatory expungement; application through SBI.
Status: repealed

(a) Eligibility. —

(1) On an appropriate request to the State Bureau of Identification under this section, the Bureau shall expunge all charges relating to a case, even if a person has prior or subsequent convictions that are ineligible for expungement, if all other charges in the case are eligible for expungement under this subchapter, and 1 or more of the following apply:

a. The person was arrested or charged with the commission of 1 or more crimes and the case is terminated in favor of the accused.

b. The person was convicted of 1 or more violations relating to the same case and 3 years have passed since the date of conviction.

c. The person was convicted of possession of marijuana under § 4764 of Title 16 or possession of drug paraphernalia under § 4771 of Title 16, or both in the same case.

d. The person was convicted of underage possession or consumption of alcohol under § 904(e) or (f) of Title 4.

(2) On an appropriate request to the State Bureau of Identification under this section, the Bureau shall expunge all charges relating to a case if the person has no prior or subsequent convictions that bar eligibility for expungement under this subchapter, all charges in the case are eligible for expungement under this subchapter, and 1 of the following applies:

a. The person was convicted of 1 or more misdemeanors, or a combination of 1 or more misdemeanors and 1 or more violations, relating to the same case, 5 years have passed since the date of conviction.

b. The person was convicted of drug possession under § 4756 of Title 16 and 5 years have passed since the date of conviction.

c. The person was convicted of any of the following felonies and 10 years have passed since the date of conviction or the date of release from incarceration, whichever is later:

1. Miscellaneous drug crimes under § 4757 of Title 16.

2. Unlawful dealing in a counterfeit or purported controlled substance under § 4758 of Title 16.

3. Maintaining a drug property under § 4760 of Title 16.

4. Possession of burglar’s tools or instruments facilitating theft under § 828 of this title.

5. Forgery in the second degree under § 861(b)(2) of this title.

6. Unlawful use of payment card under § 903 of this title.

(3) For purposes of determining eligibility for expungement under this subsection, any charge that is 7 or more years old and for which there is no disposition indicated or the disposition is listed as unknown, unobtainable, or pending shall be considered dismissed and shall not negatively affect expungement eligibility. This subsection does not apply if there is an active warrant in the case or if there is documented case activity within the last 12 months.

(b) Exclusions. —

In addition to the exclusions under § 4372(f) of this title, a conviction for any of the following is not eligible for mandatory expungement under this section:

(1) A crime of domestic violence. For purposes of this section, a “crime of domestic violence”, means an offense that meets both of the following:

a. Was committed by any of the following:

1. A member of the victim’s family, as “family” is defined under § 901 of Title 10, regardless, however, of the state of residence of the parties.

2. A former spouse of the victim.

3. A person who cohabited with the victim at the time of or within 3 years before the offense.

4. A person with a child in common with the victim.

5. A person with whom the victim had a substantive dating relationship, as defined under § 1041 of Title 10, at the time of or within 3 years before the offense.

b. Is an offense under any of the following sections: § 601, § 602, § 603, § 611, § 614, § 621, § 625, § 628A, § 781, § 785, § 791, § 804, § 811, § 821, § 822, § 823, § 1271(3), § 1271A, § 1311, or § 2113 of this title.

(2) Offenses where the victim is a child.

(3) Offenses where the victim is a “vulnerable adult”, as defined under § 1105 of this title.

(4) Any misdemeanor set forth in subparts A, B, C, or F of subchapter VI of Chapter 5 of this title.

(5) Any of the following misdemeanors:

a. Unlawfully administering drugs, under § 625 of this title, when the charged in conjunction with a sexual offense, as defined in § 761(f) of this title.

b. Sexual harassment, under § 763 of this title.

c. Indecent exposure in the second degree, under § 764 of this title.

d. Indecent exposure in the first degree, under § 765 of this title.

e. Trespassing with intent to peer or peep into a window or door of another, under § 820 of this title.

f. Organized retail crime, under § 841B of this title.

g. Home improvement fraud, under § 916 of this title.

h. New home construction fraud, under § 917 of this title.

i. Official misconduct under § 1211 of this title.

j. Offenses against law-enforcement animals, under § 1250 of this title.

k. Promoting prison contraband, under § 1256 of this title.

l. Resisting arrest, under § 1257 of this title.

m. Use of an animal to avoid capture, under § 1257A of this title.

n. Hate crime, under § 1304 of this title.

o. Malicious interference with emergency communication, under § 1313 of this title.

p. Abusing a corpse, under § 1332 of this title.

q. Violation of privacy, under § 1335 of this title.

r. Lewdness, under § 1341 of this title.

s. Patronizing a prostitute, under § 1343 of this title.

t. Permitting prostitution, under § 1355 of this title.

u. Carrying a concealed dangerous instrument, under § 1443 of this title.

v. Unlawfully dealing with a dangerous weapon, under § 1445 of this title.

w. Unlawfully permitting a minor access to a firearm, under § 1456 of this title.

x. Possession of a weapon in a Safe School and Recreation Zone, under § 1457 of this title.

(6) A felony conviction under paragraph (a)(2)c. of this section where the victim is an individual included under paragraphs (b)(1) through (b)(3) of this section.

(c) If more than 1 case or arrest is eligible for expungement under this section, it may be combined into a single application for expungement.

(d) The State Bureau of Identification shall promulgate procedures and forms relating to the implementation of this section.

(e) The State Bureau of Identification may promulgate reasonable regulations and a reasonable fee schedule to accomplish the purposes of this section.

(f) [Repealed.]
11 Del. C. § 4358 — Delaware Code / Title 11 / Chapter 43 / Subchapter V / Section 4358
§ Â
        4358. Terms of the compact between the states.
Status: in_force

The Governor shall execute a compact on behalf of the State with any of the United States legally joining therein in the form substantially as follows:

INTERSTATE COMPACT FOR THE SUPERVISION OF ADULT OFFENDERS

PREAMBLE

* WHEREAS, the interstate compact for the supervision of Parolees and Probationers was established in 1937, it is the earliest corrections “compact” established among the states and has not been amended since its adoption over 62 years ago; and

* WHEREAS, this compact is the only vehicle for the controlled movement of adult parolees and probationers across state lines, and it currently has jurisdiction over more than a quarter of a million offenders; and

* WHEREAS, the complexities of the compact have become more difficult to administer, and many jurisdictions have expanded supervision expectations to include currently unregulated practices such as victim input, victim notification requirements and sex offender registration; and

* WHEREAS, after hearings, national surveys, and a detailed study by a task force appointed by the National Institute of Corrections, the overwhelming recommendation has been to amend the document to bring about an effective management capacity that addresses public safety concerns and offender accountability; and

* WHEREAS, upon the adoption of this Interstate Compact for Adult Offender Supervision, it is the intention of the legislature to repeal the previous Interstate Compact for the Supervision of Parolees and Probationers on the effective date of this Compact.

ARTICLE I PURPOSE

The compacting states to this Interstate Compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the Bylaws and Rules of this compact to travel across state lines both to and from each compacting state in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders to the originating jurisdictions. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. § 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime. It is the purpose of this compact and the Interstate Commission created hereunder, through means of joint and cooperative action among the compacting states: to provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community; to provide for the effective tracking, supervision, and rehabilitation of these offenders by the sending and receiving states; and to equitably distribute the costs, benefits and obligations of the compact among the compacting states. In addition, this compact will: create an Interstate Commission which will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies which will promulgate rules to achieve the purpose of this compact; ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of Compact activities to heads of state councils, state executive, judicial, and legislative branches and criminal justice administrators; monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct non-compliance; and coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity.

The compacting states recognize that there is no “right” of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this compact and bylaws and rules promulgated hereunder. It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and are therefore public business.

ARTICLE II DEFINITIONS

As used in this compact, unless the context clearly requires a different construction:

* “Adult” means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law;

* “By-laws” mean those by-laws established by the Interstate Commission for its governance, or for directing or controlling the Interstate Commission’s actions or conduct;

* “Compact Administrator” means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state’s supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact;

* “Compacting State” means any state, which has enacted the enabling legislation for this compact;

* “Commissioner” means the voting representative of each compacting state appointed pursuant to Article III of this compact;

* “Interstate Commission” means the Interstate Commission for Adult Offender Supervision established by this compact;

* “Member” means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner;

* “Non-Compacting State” means any state, which has not enacted the enabling legislation for this compact;

* “Offender” means an adult placed under, or subject, to supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies;

* “Person” means any individual, corporation, business enterprise, or other legal entity, either public or private;

* “Rules” means acts of the Interstate Commission, duly promulgated pursuant to Article VIII of this compact, substantially affecting interested parties in addition to the Interstate Commission, which shall have the force and effect of law in the compacting states;

* “State” means a state of the United States, the District of Columbia and any other territorial possessions of the United States; and

* “State Council” means the resident members of the State Council for Interstate Adult Offender Supervision created by each state under Article III of this compact.

ARTICLE III THE COMPACT COMMISSION

The compacting states hereby create the “Interstate Commission for Adult Offender Supervision”. The Interstate Commission shall be a body corporate and joint agency of the compacting states. The Interstate Commission shall have all the responsibilities, powers and duties set forth herein, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.

The Interstate Commission shall consist of Commissioners selected and appointed by resident members of a State Council for Interstate Adult Offender Supervision for each state. In addition to the Commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners but who are members of interested organizations; such non-commissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. All non-commissioner members of the Interstate Commission shall be ex-officio (non-voting) members. The Interstate Commission may provide in its by-laws for such additional, ex-officio, non-voting members, as it deems necessary.

Each compacting state represented at any meeting of the Interstate Commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the by-laws of the Interstate Commission. The Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of 27 or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.

The Interstate Commission shall establish an Executive Committee which shall include commission officers, members and others as shall be determined by the By-laws. The Executive Committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking and/or amendment to the Compact. The Executive Committee oversees the day-to-day activities managed by the Executive Director and Interstate Commission staff; administers enforcement and compliance with the provisions of the compact, its by-laws and as directed by the Interstate Commission and performs other duties as directed by Commission or set forth in the By-laws.

ARTICLE IV THE STATE COUNCIL

Each member state shall create a State Council for Interstate Adult Offender Supervision which shall be responsible for the appointment of the commissioner who shall serve on the Interstate Commission from that state. Each state council shall appoint as its commissioner the Compact Administrator from that state to serve on the Interstate Commission in such capacity under or pursuant to applicable law of the member state. While each member state may determine the membership of its own state council, its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims groups and compact administrators. Each compacting state retains the right to determine the qualifications of the Compact Administrator who shall be appointed by the state council or by the Governor in consultation with the Legislature and the Judiciary. In addition to appointment of its commissioner to the National Interstate Commission, each state council shall exercise oversight and advocacy concerning its participation in Interstate Commission activities and other duties as may be determined by each member state including but not limited to, development of policy concerning operations and procedures of the compact within that state.

ARTICLE V POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The Interstate Commission shall have the following powers:

* To adopt a seal and suitable by-laws governing the management and operation of the Interstate Commission;

* To promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact;

* To oversee, supervise and coordinate the interstate movement of offenders subject to the terms of this compact and any by-laws adopted and rules promulgated by the compact commission;

* To enforce compliance with compact provisions, Interstate Commission rules, and by-laws, using all necessary and proper means, including but not limited to, the use of judicial process;

* To establish and maintain offices;

* To purchase and maintain insurance and bonds;

* To borrow, accept, or contract for services of personnel, including, but not limited to, members and their staffs;

* To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder;

* To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission’s personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel;

* To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of same;

* To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed;

* To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed;

* To establish a budget and make expenditures and levy dues as provided in Article X of this compact;

* To sue and be sued;

* To provide for dispute resolution among Compacting States;

* To perform such functions as may be necessary or appropriate to achieve the purposes of this compact;

* To report annually to the legislatures, governors, judiciaries, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission;

* To co-ordinate education, training and public awareness regarding the interstate movement of offenders for officials involved in such activity; and

* To establish uniform standards for the reporting, collecting, and exchanging of data.

ARTICLE VI ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

A. By-laws.

The Interstate Commission shall, by a majority of the Members, within twelve months of the first Interstate Commission meeting, adopt By-laws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Compact, including, but not limited to:

Establishing the fiscal year of the Interstate Commission;

Establishing an executive committee and such other committees as may be necessary;

Providing reasonable standards and procedures:

(i) For the establishment of committees; and

(ii) Governing any general or specific delegation of any authority or function of the Interstate Commission;

Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;

Establishing the titles and responsibilities of the officers of the Interstate Commission;

Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Interstate Commission. Notwithstanding any civil service or other similar laws of any Compacting State, the By-laws shall exclusively govern the personnel policies and programs of the Interstate Commission; and

Providing a mechanism for winding up the operations of the Interstate Commission and the equitable return of any surplus funds that may exist upon the termination of the Compact after the payment and/or reserving of all of its debts and obligations;

Providing transition rules for “start-up” administration of the compact;

Establishing standards and procedures for compliance and technical assistance in carrying out the compact.

B. Officers and Staff.

The Interstate Commission shall, by a majority of the Members, elect from among its Members a chairperson and a vice chairperson, each of whom shall have such authorities and duties as may be specified in the By-laws. The chairperson or, in his or her absence or disability, the vice-chairperson, shall preside at all meetings of the Interstate Commission. The Officers so elected shall serve without compensation or remuneration from the Interstate Commission; PROVIDED THAT, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.

The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, and hire and supervise such other staff as may be authorized by the Interstate Commission, but shall not be a member.

C. Corporate Records of the Interstate Commission.

The Interstate Commission shall maintain its corporate books and records in accordance with the By-laws;

D. Qualified Immunity, Defense and Indemnification.

The Members, officers, executive director and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities; PROVIDED, that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury or liability caused by the intentional or wilful and wanton misconduct of any such person.

The Interstate Commission shall defend the Commissioner of a Compacting State, or his or her representatives or employees, or the Interstate Commission’s representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities; PROVIDED, that the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of such person.

The Interstate Commission shall indemnify and hold the Commissioner of a Compacting State, the appointed designee or employees, or the Interstate Commission’s representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities, provided, that the actual or alleged act, error or omission did not result from gross negligence or intentional wrongdoing on the part of such person.

ARTICLE VII ACTIVITIES OF THE INTERSTATE COMMISSION

The Interstate Commission shall meet and take such actions as are consistent with the provisions of this Compact.

Except as otherwise provided in this Compact and unless a greater percentage is required by the By-laws, in order to constitute an act of the Interstate Commission, such act shall have been taken at a meeting of the Interstate Commission and shall have received an affirmative vote of a majority of the members present.

Each Member of the Interstate Commission shall have the right and power to cast a vote to which that Compacting State is entitled and to participate in the business and affairs of the Interstate Commission. A Member shall vote in person on behalf of the state and shall not delegate a vote to another member state. However, a State Council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The By-laws may provide for Members’ participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone, or other means of telecommunication or electronic communication shall be subject to the same quorum requirements of meetings where members are present in person.

The Interstate Commission shall meet at least once during each calendar year. The chairperson of the Interstate Commission may call additional meetings at any time and, upon the request of a majority of the Members, shall call additional meetings.

The Interstate Commission’s By-laws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official record to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating such Rules, the Interstate Commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.

Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the Rules or as otherwise provided in the Compact. The Interstate Commission shall promulgate Rules consistent with the principles contained in the “Government in Sunshine Act”, 5 U.S.C. § 552(b), as may be amended. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:

* Relate solely to the Interstate Commission’s internal personnel practices and procedures;

* Disclose matters specifically exempted from disclosure by statute;

* Disclosure trade secrets or commercial or financial information which is privileged or confidential;

* Involve accusing any person of a crime, or formally censuring any person;

* Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

* Disclose investigatory records compiled for law enforcement purposes;

* Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated entity for the purpose of regulation or supervision of such entity;

* Disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity;

* Specifically relate to the Interstate Commission’s issuance of a subpoena, or its participation in a civil action or proceeding.

For every meeting closed pursuant to this provision, the Interstate Commission’s chief legal officer shall publicly certify that, in his or her opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll-call vote (reflected in the vote of each Member on the question). All documents considered in connection with any action shall be identified in such minutes.

The Interstate Commission shall collect standardized data concerning the interstate movement of offenders as directed through its By-laws and Rules which shall specify the data to be collected, the means of collection and data exchange and report requirements.

ARTICLE VIII RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

The Interstate Commission shall promulgate Rules in order to effectively and efficiently achieve the purposes of the Compact including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states;

Rulemaking shall occur pursuant to the criteria set forth in this Article and the By-laws and Rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the Federal Administrative Procedure Act, 5 U.S.C. § 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C. app. 2, § 1 et seq., as may be amended (hereinafter “APA”). All Rules and amendments shall become binding as of the date specified in each Rule or amendment.

If a majority of the legislatures of the Compacting States rejects a Rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such Rule shall have no further force and effect in any Compacting State.

When promulgating a Rule, the Interstate Commission shall:

* Publish the proposed Rule stating with particularity the text of the Rule which is proposed and the reason for the proposed Rule;

* Allow persons to submit written data, facts, opinions and arguments, which information shall be publicly available;

* Provide an opportunity for an informal hearing; and

* Promulgate a final Rule and its effective date, if appropriate, based on the rulemaking record.

Not later than 60 days after a Rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the Federal District Court where the Interstate Commission’s principal office is located for judicial review of such Rule. If the court finds that the Interstate Commission’s action is not supported by substantial evidence, (as defined in the APA), in the rulemaking record, the court shall hold the Rule unlawful and set it aside.

Subjects to be addressed within 12 months after the first meeting must at a minimum include:

* Notice to victims and opportunity to be heard;

* Offender registration and compliance;

* Violations/returns;

* Transfer procedures and forms;

* Eligibility for transfer;

* Collection of restitution and fees from offenders;

* Data collection and reporting;

* The level of supervision to be provided by the receiving state;

* Transition rules governing the operation of the Compact and the Interstate Commission during all or part of the period between the effective date of the Compact and the date on which the last eligible state adopts the Compact;

* Mediation, arbitration and dispute resolution.

The existing rules governing the operation of the previous Compact superseded by this Act shall be null and void 12 months after the first meeting of the Interstate Commission created hereunder.

Upon determination by the Interstate Commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule.

ARTICLE IX OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION BY THE INTERSTATE COMMISSION

A. Oversight.

The Interstate Commission shall oversee the interstate movement of adult offenders in the Compacting States and shall monitor such activities being administered in Non-Compacting States which may significantly affect Compacting States.

The courts and executive agencies in each Compacting State shall enforce this Compact and shall take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. In any judicial or administrative proceeding in a Compacting State pertaining to the subject matter of this Compact which may affect the powers, responsibilities or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.

B. Dispute Resolution.

The Compacting States shall report to the Interstate Commission on issues or activities of concern to them, and cooperate with and support the Interstate Commission in the discharge of its duties and responsibilities.

The Interstate Commission shall attempt to resolve any disputes or other issues which are subject to the Compact and which may arise among Compacting States and Non-Compacting States.

The Interstate Commission shall enact a By-law or promulgate a Rule providing for both mediation and binding dispute resolution for disputes among the Compacting States.

C. Enforcement.

The Interstate Commission, in the reasonable exercise of its’ discretion, shall enforce the provisions of this Compact using any or all means set forth in Article XII, Section B, of this Compact.

ARTICLE X FINANCE

The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.

The Interstate Commission shall levy on and collect an annual assessment from each Compacting State to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each Compacting State and shall promulgate a Rule binding upon all Compacting States which governs said assessment.

The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the Compacting States, except by and with the authority of the Compacting State.

The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its By-laws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.

ARTICLE XI COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT

Any state, as defined in Article II of this compact, is eligible to become a Compacting State. The Compact shall become effective and binding upon legislative enactment of the Compact into law by no less than 35 of the States. The initial effective date shall be the later of July 1, 2001, or upon enactment into law of the Compact into law by that State. The governors of Non-Member states or their designees will be invited to participate in Interstate Commission activities on a non-voting basis prior to adoption of the compact by all states and territories of the United States.

Amendments to the Compact may be proposed by the Interstate Commission for enactment by the Compacting States. No amendment shall become effective and binding upon the Interstate Commission and the Compacting States unless and until it is enacted into law by unanimous consent of the Compacting States.

ARTICLE XII WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT

A. Withdrawal.

Once effective, the Compact shall continue in force and remain binding upon each and every Compacting State; PROVIDED, that a Compacting State may withdraw from the Compact (“Withdrawing State”) by enacting a statute specifically repealing the statute which enacted the Compact into law.

The effective date of withdrawal is the effective date of the repeal.

The Withdrawing State shall immediately notify the Chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this Compact in the Withdrawing State. The Interstate Commission shall notify the other Compacting States of the Withdrawing State’s intent to withdraw within sixty days of its receipt thereof.

The Withdrawing State is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.

Reinstatement following withdrawal of any Compacting State shall occur upon the Withdrawing State re-enacting the Compact or upon such later date as determined by the Interstate Commission.

B. Default.

If the Interstate Commission determines that any Compacting State has at any time defaulted (“Defaulting State”) in the performance of any of its obligations or responsibilities under this Compact, the By-laws or any duly promulgated Rules the Interstate Commission may impose any or all of the following penalties:

* Fines, fees and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission;

* Remedial training and technical assistance as directed by the Interstate Commission;

* Suspension and termination of membership in the compact;

* Suspension shall be imposed only after all other reasonable means of securing compliance under the By-laws and Rules have been exhausted.

Immediate notice of suspension shall be given by the Interstate Commission to the Governor, the Chief Justice or Chief Judicial Officer of the state; the majority and minority leaders of the defaulting state’s legislature, and the State Council.

The grounds for default include, but are not limited to, failure of a Compacting State to perform such obligations or responsibilities imposed upon it by this Compact, Interstate Commission By-laws, or duly promulgated Rules. The Interstate Commission shall immediately notify the Defaulting State in writing of the penalty imposed by the Interstate Commission on the Defaulting State pending a cure of the default. The Interstate Commission shall stipulate the conditions and the time period within which the Defaulting State must cure its default. If the Defaulting State fails to cure the default within the time period specified by the Interstate Commission, in addition to any other penalties imposed herein, the Defaulting State may be terminated from the Compact upon an affirmative vote of a majority of the Compacting States and all rights, privileges and benefits conferred by this Compact shall be terminated from the effective date of suspension. Within 60 days of the effective date of termination of a Defaulting State, the Interstate Commission shall notify the Governor, the Chief Justice or Chief Judicial Officer and the Majority and Minority Leaders of the Defaulting State’s legislature and the state council of such termination.

The Defaulting State is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.

The Interstate Commission shall not bear any costs relating to the Defaulting State unless otherwise mutually agreed upon between the Interstate Commission and the Defaulting State. Reinstatement following termination of any Compacting State requires both a re-enactment of the Compact by the Defaulting State and the approval of the Interstate Commission pursuant to the Rules.

C. Judicial Enforcement.

The Interstate Commission may, by majority vote of the Members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the Federal District where the Interstate Commission has its offices to enforce compliance with the provisions of the Compact, its duly promulgated Rules and By-laws, against any Compacting State in default. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorneys’ fees.

D. Dissolution of Compact.

The Compact dissolves effective upon the date of the withdrawal or default of the Compacting State which reduces membership in the Compact to one Compacting State.

Upon the dissolution of this Compact, the Compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be wound up and any surplus funds shall be distributed in accordance with the By-laws.

ARTICLE XIII SEVERABILITY AND CONSTRUCTION

The provisions of this Compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable.

The provisions of this Compact shall be liberally constructed to effectuate its purposes.

ARTICLE XIV BINDING EFFECT OF COMPACT AND OTHER LAWS

A. Other Laws.

Nothing herein prevents the enforcement of any other law of a Compacting State that is not inconsistent with this Compact.

All Compacting States’ laws conflicting with this Compact are superseded to the extent of the conflict.

B. Binding Effect of the Compact.

All lawful actions of the Interstate Commission, including all Rules and By-laws promulgated by the Interstate Commission, are binding upon the Compacting States.

All agreements between the Interstate Commission and the Compacting States are binding in accordance with their terms.

Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the Compacting States, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.

In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any Compacting State, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the Compacting State and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this Compact becomes effective.
11 Del. C. § 2732 — Delaware Code / Title 11 / Chapter 27 / Subchapter II / Section 2732
§ Â
        2732. Homicide.
Status: in_force

In every case of murder and of manslaughter, if a person is poisoned or wounded in 1 county and dies thereof in another county, prosecution shall be had in the county wherein such person was poisoned or wounded. Whenever the cause producing the death of a person happens in a county and the death out of it, the offense shall be deemed complete in the county wherein the cause happens and shall there be inquired of, heard and determined.
11 Del. C. § 8323 — Delaware Code / Title 11 / Chapter 83 / Subchapter II / Section 8323
§ Â
        8323. Eligibility for pensions; employment of pension beneficiaries by the State; exceptions.
Status: in_force

(a) Any member of the State Police who has served as such for a period of 20 years may retire, or any member who has reached the age of 55 years shall be retired; in either event, the retired member shall thereupon receive monthly, from the Fund, an amount equal to 1/2 of the monthly salary received by such member at the time of retirement; provided, however, that members of the State Police retired prior to January 1, 1972, shall as of that date receive an amount equal to one half of the monthly salary provided under this chapter for an active-duty officer of equivalent rank. Thereafter, pensions of retired State Police shall not be recomputed based on the salaries of active-duty State Police; provided further, however, that as of July 1, 1974, the monthly amount payable to retirees shall increase on July 1 of each year by any cumulative percentage increase in the national consumer price index average of the previous calendar year, plus the aggregated cumulative percentage change in the national consumer price index average of the previous consecutive years in which an increase was not granted. A cumulative percentage decrease in any calendar year shall not result in any reduction in the pension rates.

(b) Any former or present member of the State Highway Police, State Police, or any successor or substitute therefor, who shall have been a member of the County Police of New Castle County, shall receive full credit for the time served in such County Police in computing the number of years’ service required to receive pension benefits provided in subsection (a) of this section.

(c) An individual shall not receive a pension under this subchapter for any month which the individual is an employee, as defined in § 8301 of this title or § 5501 of Title 29, unless the individual is:

(1) An official elected by popular vote at a regular or special election; or

(2) An official appointed by the Governor; or

(3) A registration or election official or a juror; or

(4) Receiving an ordinary service, disability or survivor’s pension.

The employment, except employment as an elected official, may not be used for further retirement benefits.

(d) Nothing in this section shall prevent the employment by the State as a registration or election official or as a juror of any person receiving a state pension. Persons so employed may receive the compensation provided by law without deduction from their state pension.

(e) Any former or present member of the State Highway Police, State Police, or any successor or substitute therefor, who shall have been a member of the Delaware Memorial Bridge Police before the establishment of the Delaware River and Bay Authority, shall receive full credit for the time served in such Delaware Memorial Bridge Police in computing the number of years’ service required to receive pension benefits provided in subsection (a) of this section.

(f) Nothing in this section shall prevent the employment by the State as a registration or election official or as a juror any person receiving a state pension. Persons so employed may receive the compensation provided by law without deduction from their state pension.

(g) Nothing in this section shall prevent the employment by the Superior Court, Court of Chancery, Court of Common Pleas or Family Court in or of any county of any person receiving a State Police pension. Persons so employed may receive compensation for such services without deduction from their State Police pension.

(h) No retired member of the Uniformed Division, State Police, entitled to receive a pension under subsection (a) of this section, shall receive a monthly pension less than any retiree on the retired rolls from the immediately prior retiring class, and of the same active-duty rank, if such difference is solely the result of a cost-of-living increase granted to such retiree.

(i) A member of the State Police hired prior to July 1, 1980, and who has 20 years of credited service shall have a vested right to a service pension as provided for in this subsection at a rate not less than the pension payment due upon completing 20 years of credited service; payments of said pension benefit shall increase pursuant to this section based upon increased annual salary adjustments and/or promotional increases that may occur subsequent to the twentieth year of credited service. A member’s vested pension under this subsection shall be payable upon the effective date of termination of employment as a member of the State Police.

(j) Any reduction in a member’s salary, mandated as part of the FY 2010 Annual Appropriations Act [77 Del. Laws, c. 84] and implemented during FY 2010, shall not be used when computing a member’s final monthly salary. Rather, the member’s base salary as of June 30, 2009, shall be used in calculating the member’s monthly salary as defined in subsection (a) of this section.
11 Del. C. § 8811 — Delaware Code / Title 11 / Chapter 88 / Section 8811
§ Â
        8811. Mandatory retirement.
Status: in_force

A member shall retire on the member’s mandatory retirement date as established by the employer.
11 Del. C. § 2736 — Delaware Code / Title 11 / Chapter 27 / Subchapter II / Section 2736
§ Â
        2736. Offenses begun in this State.
Status: in_force

If any criminal offense is begun in this State and completed elsewhere, it shall be deemed to have been committed in this State, and may be dealt with, inquired of, tried, determined and punished in this State in the same manner as if it had been actually and wholly committed in this State.
11 Del. C. § 4214 — Delaware Code / Title 11 / Chapter 42 / Section 4214
§ Â
        4214. Habitual criminal; life sentence
Status: repealed

(a) Any person who has been 2 times convicted of a Title 11 violent felony, or attempt to commit such a violent felony, as defined in § 4201(c) of this title under the laws of this State, and/or any comparable violent felony as defined by another state, United States or any territory of the United States, and who shall thereafter be convicted of a subsequent Title 11 violent felony, or attempt to commit such a violent felony, as defined in § 4201(c) of this title, or any person who has been 3 times convicted of any felony under the laws of this State, and/or any other state, United States or any territory of the United States, and who shall thereafter be convicted of a subsequent felony is declared to be an habitual criminal. The court, upon the State’s petition, shall impose the applicable minimum sentence pursuant to subsection (b), (c) or (d) of this section and may, in its discretion, impose a sentence of up to life imprisonment, unless the felony conviction allows and results in the imposition of capital punishment. Under no circumstances may the sentence imposed pursuant to this section be less than the minimum sentence provided for by the felony prompting the person’s designation as a habitual offender.

(b) Any person who has been 3 times convicted of a felony under the laws of this State, and/or any other state, United States or any territory of the United States, and who shall thereafter be convicted of a subsequent felony, which is the person’s first Title 11 violent felony, or attempt to commit such a violent felony, as defined in § 4201(c) of this title, shall receive a minimum sentence of ½ of the statutory maximum penalty provided elsewhere in this title, unless the maximum statutory penalty is life in which case the minimum sentence shall be 30 years, for the subsequent felony which forms the basis of the States petition to have the person declared to be an habitual criminal, up to life imprisonment, unless the felony conviction allows and results in the imposition of capital punishment.

(c) Any person who has been 2 times convicted of a felony under the laws of this State, and/or any other state, United States or any territory of the United States, and 1 time convicted of a Title 11 violent felony, or attempt to commit such a violent felony, as defined in § 4201(c) of this title under the laws of this State, and/or any comparable violent felony as defined by another state, United States or any territory of the United States, and who shall thereafter be convicted of a subsequent Title 11 violent felony, or attempt to commit such a violent felony, as defined by § 4201(c) of this title, shall receive a minimum sentence of the statutory maximum penalty provided elsewhere in this title for the fourth or subsequent felony which forms the basis of the State’s petition to have the person declared to be an habitual criminal, up to life imprisonment, unless the felony conviction allows and results in the imposition of capital punishment.

(d) Any person who has been 2 times convicted of a Title 11 violent felony, or attempt to commit such a violent felony, as defined in § 4201(c) of this title under the laws of this State, and/or any comparable violent felony as defined by another state, United States or any territory of the United States, and who shall thereafter be convicted of a third or subsequent felony which is a Title 11 violent felony, or an attempt to commit such a violent felony, as defined in § 4201(c), shall receive a minimum sentence of the statutory maximum statutory penalty provided elsewhere in this title for the third or subsequent Title 11 violent felony which forms the basis of the State’s petition to have the person declared to be an habitual criminal, up to life imprisonment, unless the felony conviction allows and results in the imposition of capital punishment.

(e) Notwithstanding any provision of this title to the contrary, any minimum sentence required to be imposed pursuant to subsection (b), (c), or (d) of this section shall not be subject to suspension by the court, and shall be served in its entirety at full custodial Level V institutional setting without the benefit of probation or parole, except that any such sentence shall be subject to the provisions of §§ 4205(h), 4381 and 4382 of this title. For purposes of the computation of good time under § 4381 of this title, a life sentence imposed pursuant only to this section shall equate to a sentence of 45 years.

(f) Notwithstanding any statute, court rule or regulation to the contrary, beginning January 1, 2017, any person sentenced as an habitual criminal to a minimum sentence of not less than the statutory maximum penalty for a violent felony pursuant to subsection (a) of this section, or a life sentence pursuant to subsection (b) of this section prior to July 19, 2016, shall be eligible to petition the Superior Court for sentence modification after the person has served a sentence of incarceration equal to any applicable mandatory sentence otherwise required by this section or the statutes describing said offense or offenses, whichever is greater. Absent extraordinary circumstances, the petitioner may only file 1 application for sentence modification under this section. A Superior Court Judge upon consideration of a petition filed pursuant to this subsection may modify, reduce or suspend such petitioner’s sentence, excepting any minimum or mandatory sentence required by this section or the statutes describing said offense or offenses. If a Superior Court Judge modifies such petitioner’s sentence, the Judge may impose a suspended sentence that includes a probationary term. Nothing in this section, however, shall require the Court to grant such a petitioner a sentence modification pursuant to this section. For the purposes of this subsection, the “applicable mandatory sentence’' shall be calculated by reference to the penalties prescribed for the relevant offense or offenses by this Code as of July 19, 2016, unless said offense has been repealed, in which case the penalties prescribed by this Code at the time of the act repealing said offense shall be controlling. The Superior Court shall establish rules to implement this subsection which are consistent with the statute, and those rules shall also provide that all petitions filed pursuant to this subsection where the felony establishing an inmate as a habitual offender was a Title 16 offense are heard first, followed by all petitions filed pursuant to this subsection where the felony establishing an inmate as a habitual offender was a crime against property, followed by all other petitions. Nothing in the rules or this subsection shall prohibit the Superior Court from hearing any petition without regard to this preferred sequence when the Department of Justice, through the personal authorization of the Attorney General, Chief Deputy Attorney General, State Prosecutor, or the Chief Prosecutor of a particular county, in response to a request authorized by the Chief Defender, Chief Deputy Defender, or Chief Conflicts Counsel, or private counsel if a petitioner is not represented by the Office of Defense Services, consents to the hearing of that petition and the Superior Court determines it is in the interest of justice to do so. The rules shall also provide for an initial review, including review of a formal response by the Department of Justice after consulting with the victim or victims, of sentence modification petitions involving crimes against persons or property, for the purpose of ensuring that victims are not inconvenienced by petitions that should be denied based upon the documents submitted; in cases not denied in this manner, all victims shall be given an opportunity to be heard. The Superior Court’s review of any petitions filed pursuant to this subsection shall include a review of the applicant’s prior criminal history, including arrests and convictions, a review of the applicant’s conduct while incarcerated, and available evidence as to the likelihood that the applicant will reoffend if released, including a formal, recent risk assessment. The Superior Court shall articulate on the record the results of its review and its rationale for granting or denying a petition. In all cases where sentence modifications are granted, modified sentences should provide for step-down provisions to ensure successful reintegration of persons into the community. By January 1, 2017, the Department of Correction shall notify any criminal defendant whose Level V sentence was imposed under a statutory sentencing regimen which was subsequently changed in a manner that reduced the sentence applicable to the defendant’s convictions, including any criminal defendant who received a minimum mandatory sentence that no longer exists by virtue of the enactment of 80 Del. Laws, c. 28. The Department of Correction shall similarly notify the attorney of record, and if the attorney of record is unavailable to receive notice, the Office of Defense Services.
11 Del. C. § 8901B — Delaware Code / Title 11 / Chapter 89B / Section 8901B
§ Â
        8901B. Definitions.
Status: in_force

As used in this chapter:

(1) “911 dispatcher” is as defined in § 10002 of Title 16.

(2) “Law-enforcement agency” means a government agency or any subunit thereof which performs the administration of criminal justice pursuant to state or federal law or executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice. For the purposes of this subchapter, such agencies shall include, but are not limited to, the following:

a. The Delaware State Police;

b. All law-enforcement agencies and police departments of any political subdivision of this State;

c. The Department of Correction; and

d. The Department of Justice.

(3) “Provider” is as defined in § 10002 of Title 16.

(4) “Public safety answering point” is as defined in § 10002 of Title 16.

(5) “Wireless provider” is as defined in § 10002 of Title 16.

(6) “Wireless service” is as defined in § 10002 of Title 16.

(7) “Wireless service customer” is as defined in § 10002 of Title 16.
11 Del. C. § 783 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 783
§ Â
        783. Kidnapping in the second degree; class C felony.
Status: in_force

A person is guilty of kidnapping in the second degree when the person unlawfully restrains another person with any of the following purposes:

(1) To hold the victim for ransom or reward; or

(2) To use the victim as a shield or hostage; or

(3) To facilitate the commission of any felony or flight thereafter; or

(4) To inflict physical injury upon the victim, or to violate or abuse the victim sexually; or

(5) To terrorize the victim or a third person; or

(6) To take or entice any child less than 18 years of age from the custody of the child’s parent, guardian or lawful custodian;

and the actor voluntarily releases the victim alive, unharmed and in a safe place prior to trial.

Kidnapping in the second degree is a class C felony.
11 Del. C. § 4210 — Delaware Code / Title 11 / Chapter 42 / Section 4210
§ Â
        4210. Arrest and disposition of intoxicated persons.
Status: in_force

(a) Any intoxicated person taken into custody for a violation of § 1315 of this title shall immediately be taken to a detoxification center where the person shall be admitted as a patient.

(1) The arresting officer shall leave a summons for such intoxicated person with the chief medical officer of the detoxification center ordering such intoxicated person to appear before a justice of the peace at a date not to exceed a period of 5 days from the date of admission to the center.

(2) The intoxicated person shall be given a physical examination to determine the possible existence of any disease or ailment which threatens the health or safety of such individual; and upon a finding of any such disease or ailment, the medical staff of the detoxification center shall give such treatment as it deems necessary and practicable.

(b) Upon regaining sobriety and being informed of the person’s physical condition, the person in custody shall inform the chief medical officer of the detoxification center as to whether, until such time as the person is to appear for trial, the person wishes to remain a patient or be released from custody.

(c) Should the person in custody validly consent to remain as a patient and to undergo testing procedures, the person shall be tested to determine if the person is a chronic alcoholic. A diagnosis of chronic alcoholism shall serve as an affirmative defense to violations of § 1315 of this title.

(d) Should it be shown to the satisfaction of the court that the person accused of intoxication suffers from chronic alcoholism, the person shall be acquitted of the charge of drunkenness and:

(1) Released from custody; or

(2) Temporarily released from custody under such conditions of treatment as the court may prescribe; such period of temporary release shall not exceed 1 year after which defendant shall be unconditionally released.
11 Del. C. § 780A — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 780A
§ Â
        780A. Sexual intercourse or penetration with a person in custody; class F felony.
Status: in_force

(a) It is unlawful for a law-enforcement officer, an employee working at a detention facility, a contractor or employee of a contractor working at a detention facility, or a volunteer working at a detention facility to engage in sexual intercourse or sexual penetration with a person who is in custody, as defined in § 1258 of this title.

(b) Subsection (a) of this section does not apply to a licensed medical doctor or nurse when the penetration occurs for the purpose of diagnosis or treatment or to a law-enforcement officer who is lawfully performing job duties.

(c) Consent of the person in custody is not a defense to an act in violation of subsection (a) of this section.

(d) A violation of subsection (a) of this section is a class F felony.
11 Del. C. § 8702 — Delaware Code / Title 11 / Chapter 87 / Section 8702
§ Â
        8702. Meetings; quorum; committees; procedure.
Status: in_force

(a) The Council shall meet at least 8 times per year. At least 1 meeting each calendar year shall be held in each county. Ten members shall constitute a quorum.

(b) The Council may establish committees as it deems advisable, but only the Council itself may set policy or take other official action.

(c) The Council may promulgate rules of procedure governing its operations, provided that they are in accordance with Chapters 100 and 101 of Title 29, and provided that no rule shall permit proxy voting at more than 2 meetings per calendar year.
11 Del. C. § 4375 — Delaware Code / Title 11 / Chapter 43 / Subchapter VII / Section 4375
§ Â
        4375. Discretionary expungement following a pardon.
Status: in_force

(a) Notwithstanding any provision of this subchapter or any other law to the contrary, a person who was convicted of a crime, other than those specifically excluded under subsection (b) of this section, who is thereafter unconditionally pardoned by the Governor may request a discretionary expungement under the procedures under § 4374(c) through (h) and (j) of this title.

(b) Exclusions. —

Convictions of the following crimes are not eligible for expungement after a pardon under this section:

(1) Manslaughter, under § 632 of this title.

(2) Murder in the second degree, under § 635 of this title.

(3) Murder in the first degree, under § 636 of this title.

(4) Rape in the second degree, under § 772 of this title.

(5) Rape in the first degree, under § 773 of this title.

(6) Sexual abuse of a child by a person in a position of trust, authority, or supervision in the first degree, under § 778(1), (2), or (3) of this title.
11 Del. C. § 1335 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1335
§ Â
        1335. Violation of privacy; class A misdemeanor; class G felony.
Status: repealed

(a) A person is guilty of violation of privacy when, except as authorized by law, the person:

(1) Trespasses on property intending to subject anyone to eavesdropping or other surveillance in a private place; or

(2) Installs in any private place, without consent of the person or persons entitled to privacy there, any device for observing, photographing, recording, amplifying or broadcasting sounds or events in that place; or

(3) Installs or uses outside a private place any device for hearing, recording, amplifying or broadcasting sounds originating in that place which would not ordinarily be audible or comprehensible outside, without the consent of the person or persons entitled to privacy there; or

(4) Intercepts without the consent of all parties thereto a message by telephone, telegraph, letter or other means of communicating privately, including private conversation; or

(5) Divulges without the consent of the sender and the receiver the existence or contents of any message by telephone, telegraph, letter or other means of communicating privately if the accused knows that the message was unlawfully intercepted or if the accused learned of the message in the course of employment with an agency engaged in transmitting it.

(6) Tape records, photographs, films, videotapes or otherwise reproduces the image of another person who is getting dressed or undressed or has that person’s genitals, buttocks or breasts exposed, without consent, in any place where persons normally disrobe including but not limited to a fitting room, dressing room, locker room or bathroom, where there is a reasonable expectation of privacy. This paragraph shall not apply to any acts done by a parent or guardian inside of that person’s dwelling, or upon that person’s real property, when a subject of victim of such acts is intended to be any child of such parent or guardian who has not yet reached that child’s eighteenth birthday and whose primary residence is in or upon the dwelling or real property of the parent or guardian, unless the acts done by the parent or guardian are intended to produce sexual gratification for any person in which case this paragraph shall apply; or

(7) Secretly or surreptitiously videotapes, films, photographs or otherwise records another person under or through that person’s clothing for the purpose of viewing the body of or the undergarments worn by that other person; or

(8) Knowingly installs an electronic or mechanical location tracking device in or on a motor vehicle without the consent of the registered owner, lessor or lessee of said vehicle. This paragraph shall not apply to the lawful use of an electronic tracking device by a law-enforcement officer, nor shall it apply to a parent or legal guardian who installs such a device for the purpose of tracking the location of a minor child thereof; or

(9) Knowingly reproduces, distributes, exhibits, publishes, transmits, or otherwise disseminates a visual depiction of a person who is nude, or who is engaging in sexual conduct, when the person knows or should have known that the reproduction, distribution, exhibition, publication, transmission, or other dissemination was without the consent of the person depicted and that the visual depiction was created or provided to the person under circumstances in which the person depicted has a reasonable expectation of privacy.

a. For the purposes of the introductory paragraph of this paragraph (a)(9), paragraphs (a)(9)b., and (a)(9)d. of this section:

1. “Deep fake” means synthetic media where 1 or both of the following applies:

A. The synthetic media appears to a reasonable person to depict a real individual saying or doing something that did not actually occur.

B. The synthetic media provides a reasonable person a fundamentally different understanding or impression of the appearance, action, or speech than a reasonable person would have from an unaltered, original version of the image, audio recording, or video recording.

2. “Nude” means any 1 or more of the following uncovered parts of the human body, or parts of the human body visible through less than opaque clothing:

A. The genitals;

B. The pubic area;

C. The buttocks;

D. Any portion of the female breast below the top of the areola.

3. “Personally identifiable information” means any information about a person that permits the physical or online identifying or contacting of a person. The term includes either a person’s face or a person’s first and last name or first initial and last name in combination with any 1 or more of the following:

A. A home or other physical address, including street name and name of a city or town;

B. An e-mail address;

C. A telephone number;

D. Geolocation data;

E. Any other identifier that permits the physical or online identifying or contacting of a person.

4. “Sexual conduct” means actual or simulated:

A. Sexual contact;

B. Sexual intercourse;

C. Sexual penetration;

D. Masturbation;

E. Bestiality;

F. Sadism;

G. Masochism; or

H. Explicit representations of the defecation or urination functions.

5. “Sexual contact” means any touching by 1 person of the uncovered anus, breast, buttocks, or genitalia of another person or any touching of a person with the uncovered anus, breasts, buttocks or genitalia of another person.

6. “Sexual intercourse” means any act of physical union of the genitalia or anus of a person with the mouth, anus, or genitalia of another person.

7. “Sexual penetration” means the placement of an object inside the anus or vagina of a person or the placement of a sexual device inside the mouth of a person.

8. “Synthetic media” means an image that has been created or intentionally manipulated with the use of generative adversarial network techniques or other digital technology in a manner to create a realistic but false image, audio, or video.

9. “Visual depiction” shall have the meaning as used in § 1100 of this title and includes a deep fake.

b. A person who has, within the context of a private or confidential relationship, consented to the capture or possession of a visual depiction of the person when nude or when engaging in sexual conduct retains a reasonable expectation of privacy with regard to the reproduction, distribution, exhibition, publication, transmission, or other dissemination of the visual depiction beyond that relationship.

c. For the purposes of this paragraph (a)(9), each of the following shall be an aggravating factor and shall be alleged in the charging information or indictment and constitute an element of the offense:

1. The actor knowingly obtains such visual depictions without the consent of the person depicted.

A. A violation of this paragraph (a)(9)c.1. occurs when a person commits a theft as provided for in § 841, § 842, § 843, or § 844 of this title or obtains such visual depictions by committing unauthorized access to a computer system as provided for in § 932 of this title or by unauthorized access to electronic mail or an electronic mail service provider as defined in § 931 of this title.

B. A violation of this paragraph (a)(9)c.1. consistent with § 932 of this title is subject to the venue provision in § 940 of this title.

2. The actor knowingly reproduces, distributes, exhibits, publishes, transmits, or otherwise disseminates such visual depictions for profit.

3. The actor knowingly maintains an Internet website, online service, online application, or mobile application for the purpose of reproducing, distributing, exhibiting, publishing, transmitting, or otherwise disseminating such visual depictions.

4. The actor knowingly reproduces, distributes, exhibits, publishes, transmits, or otherwise disseminates such visual depictions with the intent to harass, annoy, or alarm the person depicted and such conduct would cause a reasonable person to suffer significant mental anguish or distress.

5. The actor pairs such visual depiction with personally identifiable information of the person depicted.

6. At the time of the creation of the visual depiction, the actor was over the age of 18 and the person depicted was under the age of 18.

d. For purposes of this paragraph (a)(9), the fact the actor committed this offense within 5 years of a prior conviction for a violation of this paragraph (a)(9) shall be an aggravating factor for sentencing purposes only and, therefore, this fact is not to be alleged in the charging information or indictment and does not constitute an element of the offense.

e. In addition to when the consent of the person depicted is given, the introductory paragraph of this paragraph (a)(9) and paragraph (a)(9)b. of this section do not apply to any of the following:

1. When the visual depiction is of an individual less than 18 years of age and does not violate § 1108, § 1109, or § 1111 of this title, or any similar provision of this title, and the reproduction, distribution, exhibition, publication, transmission, or other dissemination is not for commercial purposes.

2. When the visual depiction is reproduced, distributed, exhibited, published, transmitted, or otherwise disseminated in the course of lawful and common practices of a law-enforcement officer, the reporting of unlawful conduct, legal proceedings, or medical treatment procedures.

3. When the person depicted has consented to the reproduction, distribution, exhibition, transmission, or other dissemination of the visual depiction for commercial purposes.

4. When the person depicted has voluntarily appeared nude in public or voluntarily engages in sexual conduct in public.

5. When the reproduction, distribution, exhibition, publication, transmission, or other dissemination serves a legitimate public purpose.

f. Nothing within this paragraph (a)(9) shall be construed to impose liability on an interactive computer service, as defined in 47 U.S.C. § 230(f)(2), or an information service or telecommunications service, as defined in 47 U.S.C. § 153, for content provided by the actor or another person.

g. When the visual depiction is a deep fake, it is not necessary to prove that the visual depiction was created or provided to the person under circumstances in which the person depicted has a reasonable expectation of privacy.

(b) This section does not apply to:

(1) Overhearing of messages through a regularly installed instrument on a telephone party line or an extension or any other regularly installed instrument or equipment; or

(2) Acts done by the telephone company or subscribers incident to the enforcement of telephone company regulations or subscriber rules relating to the use of facilities; or

(3) Acts done by personnel of any telephone or telegraph carrier in the performance of their duties in connection with the construction, maintenance or operation of a telephone or telegraph system; or

(4) The divulgence of the existence of any message in response to a subpoena issued by a court of competent jurisdiction or a governmental body having subpoena powers; or

(5) Acts done by police officers as provided in §§ 1336 [repealed] and 1431 of this title.

(c) Any violation of paragraph (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(8), or (a)(9) of this section shall be a class A misdemeanor. Any violation of paragraph (a)(6), (a)(7), (a)(9)c., or (a)(9)d. of this section shall be a class G felony.
11 Del. C. § 8514 — Delaware Code / Title 11 / Chapter 85 / Subchapter I / Section 8514
§ Â
        8514. User agreements [Transferred].
Status: in_force

Transferred to § 8611 of this title by 80 Del. Laws, c. 169, § 1, effective August 17, 2015.
11 Del. C. § 6562B — Delaware Code / Title 11 / Chapter 65 / Subchapter VIII / Section 6562B
§ Â
        6562B. Confiscated Contraband Interdiction Fund.
Status: in_force

The General Assembly hereby declares that in order to provide funds to combat the unlawful trafficking of drugs, unlawful gambling activities and gang activities within secure correctional facilities, it is necessary to create a separate special fund within the Bureau of Prisons. All moneys collected as contraband or from the proceeds of the auction or sale of property confiscated from the inmate population at each of these institutions shall be set aside into a special fund. This special fund is hereby created within the Office of the Bureau Chief of Prisons and shall be known as the Confiscated Contraband Interdiction Fund.

(1) Use of funds. — Funds deposited into the Confiscated Contraband Interdiction Fund shall be expended only to procure, sustain, and maintain the adequacy of investigative and security operations within the Bureau of Prisons.

(2) Creation of fund. — Upon the confiscation of any moneys or upon the receipt of the proceeds from any auction or commercially reasonable sale of confiscated property obtained as a result of any investigation, interdiction, or prosecution of disciplinary, civil, or criminal violations at the facilities listed herein the same shall be placed in the Confiscated Contraband Interdiction Fund. All auctions or sales of confiscated property as authorized herein shall be administered and approved by the Bureau Chief of Prisons.

(3) Disbursement of fund. — The disbursement of the funds from this account shall be made only upon approval by the Bureau Chief of Prisons. All requests for funds must be by written application and on a form designed for such purpose. This application and authorization form must include the following:

a. The amount of funds requested;

b. The anticipated purpose for which such funds are requested;

c. The name of the person requesting the funds and the name of the person who shall be responsible for keeping accurate records as to the use of the funds.

The Bureau Chief of Prisons shall determine whether or not the expressed purpose for the expenditure requested is within the purposes allowed under this section and whether the proposed expenditure of funds for the expressed purpose will be in the best interests of the Bureau of Prisons. If the Bureau Chief of Prisons determines that the proposed expenditure meets those criteria, the Bureau Chief of Prisons may authorize the expenditure in whole or in part and only then shall the funds be expended as requested.

(4) Accounting of funds. — Funds obtained pursuant to this subchapter shall be used only for the purposes set out in paragraph (1) of this section. Any and all funds shall be accounted for by the support services manager on or before June 30 of each year. The Bureau Chief of Prisons shall maintain a full and complete accounting for the use of such funds.

(5) Review of records. — Any funds requested and disbursed shall be accounted for through an itemized report by the Bureau Chief of Prisons to the Commissioner of Correction due no later than July 31 of each year which details each request and expenditure from the prior fiscal year.

(6) Excess funds. — If at any time the fund aggregated in this special fund exceeds $10,000, the excess shall be deposited in the General Fund.
11 Del. C. § 916 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 916
§ Â
        916. Home improvement fraud; class B felony; class D felony; class F felony; class G felony, class A misdemeanor.
Status: in_force

(a) For the purpose of this section, the following definitions shall apply:

(1) “Contract price” means the total price agreed upon under a home improvement contract.

(2) “Home improvement” means any alteration, repair, addition, modification or improvement to any dwelling or the property on which it is situated, including but not limited to the construction, painting or coating, installation, replacement or repair of driveways, sidewalks, swimming pools, unattached structures, porches, kitchens, bathrooms, chimneys, fireplaces, stoves, air conditioning or heating systems, hot water heaters, water treatment systems, electrical wiring or systems, plumbing fixtures or systems, doors or windows, roofs, gutters, downspouts and siding.

(3) A “home improvement contract” is any agreement, whether written or oral, whereby a person offers or agrees to provide home improvements in exchange for payment in any form, regardless of whether any such payments have been made, and includes all agreements for labor, services, and materials to be furnished and performed under the contract.

(4) A “material fact” is a fact that a reasonable person would consider important when purchasing a home improvement of the variety being offered.

(b) A person is guilty of home improvement fraud who enters, or offers to enter, into a home improvement contract as the provider of home improvements to another person, and who with the intent specified in § 841 of this title:

(1) Uses or employs any false pretense or false promise as those acts are defined in §§ 843 and 844 of this title;

(2) Creates or reinforces a person’s impression or belief concerning the condition of any portion of that person’s dwelling or property involved in said home improvement contract knowing that the impression or belief is false;

(3) Makes any untrue statement of a material fact or omits to state a material fact relating to the terms of the home improvement contract or the existing condition of any portion of the property which is the subject of said contract;

(4) Receives money for the purpose of obtaining or paying for services, labor, materials or equipment and fails to apply such money for such purpose by:

a. Failing to substantially complete the home improvement for which the funds were provided; or

b. Failing to pay for the services, labor, materials or equipment provided incident to such home improvement; or

c. Diverting said funds to a use other than for which the funds were received; or

(5) Fails to provide that person’s own true name, or provides a false name, address or phone number of the business offering said home improvements.

(c) For home improvement fraud under this section, it shall be prima facie evidence of the intent specified in § 841 of this title that the person offering or agreeing to provide home improvements:

(1) Has been previously convicted under this section or under a similar statute of the United States or of any state or of the District of Columbia within 10 years of the home improvement contract in question;

(2) Is currently subject to any administrative orders, judgments or injunctions that relate to home improvements under Chapter 25 of Title 6;

(3) Failed to comply with Chapter 44 of Title 6 with respect to the home improvement contract in question; or

(4) Used or threatened the use of force against the person or property of the person purchasing said home improvement and said person is 62 years of age or older.

(d) (1) Except where the person who purchased the home improvement is 62 years of age or older, or an “adult who is impaired” as defined in § 3902 of Title 31, or a “person with a disability” as defined in § 3901(a)(2) of Title 12, home improvement fraud is a class A misdemeanor, unless the loss to the person who purchased the home improvement is $1500 or more, in which case it is a class G felony.

(2) Where the person who purchased the home improvement is 62 years of age or older, or an “adult who is impaired” as defined in § 3902 of Title 31, or a “person with a disability” as defined in § 3901(a)(2) of Title 12, home improvement fraud is a class G felony, unless the loss to the person who purchased the home improvement is $1500 or more, in which case it is a class F felony.

(3) Notwithstanding paragraphs (d)(1) and (2) of this section:

a. Where the loss to the person who purchased the home improvement is at least $50,000 but less than $100,000, home improvement fraud is a class D felony.

b. Where the loss to the person who purchased the home improvement is at least $100,000, home improvement fraud is a class B felony.
11 Del. C. § 785 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 785
§ Â
        785. Interference with custody; class G felony; class A misdemeanor.
Status: in_force

A person is guilty of interference with custody when:

(1) Being a relative of a child less than 16 years old, intending to hold the child permanently or for a prolonged period and knowing that the person has no legal right to do so, the person takes or entices the child from the child’s lawful custodian; or

(2) Knowing that the person has no legal right to do so, the person takes or entices from lawful custody any incompetent person or other person entrusted by authority of law to the custody of another person or an institution.

Interference with custody is a class A misdemeanor except that if the person who interferes with the custody of a child thereafter causes the removal of said child from Delaware, it is a class G felony.
11 Del. C. § 1313 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1313
§ Â
        1313. Malicious interference with emergency communications; class B misdemeanor.
Status: in_force

(a) As used in this section:

(1) “Emergency communication” means any telephone call or any other form of communication made, transmitted or facilitated by radio, computer or any other electronic device which is intended by its maker to provide warning or information pertaining to any crime, fire, accident, disaster or risk of injury or damage to any person or property.

(2) “Emergency communications center” means any public or private facility or entity which accepts emergency communications for the purpose of notifying, dispatching, directing or coordinating law enforcement, fire, medical, paramedic, ambulance, utility or other public safety personnel.

(b) A person is guilty of malicious interference with emergency communications when the person:

(1) Intentionally prevents or hinders the initiation, making or completion of an emergency communication by another person; or

(2) Intentionally initiates or makes repeated nonemergency communications to any 911 or other emergency communications center, knowing it was thereby likely that the operations of such emergency communications center would be disrupted.
11 Del. C. § 8512 — Delaware Code / Title 11 / Chapter 85 / Subchapter I / Section 8512
§ Â
        8512. Access to institutions and public records.
Status: in_force

Any employee of the Bureau, upon written authorization by the Director, may enter any correctional center or mental institution to take or cause to be taken fingerprints or photographs or to conduct investigations relative to any person confined therein, for the purpose of obtaining information which may lead to the identification of criminals; and every person who has charge or custody of public records or documents from which it may reasonably be supposed that information described in this subchapter can be obtained, shall grant access thereto to any employee of the Bureau upon written authorization by the Director or shall produce such records or documents for the inspection and examination of such employee.
11 Del. C. § 1465 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1465
§ Â
        1465. Definitions related to assault weapons.
Status: in_force

For purposes of this section and § 1466 and § 1467 of this title:

(1) “Ammunition feeding device” means any magazine, belt, drum, feed strip, or similar device that holds ammunition for a firearm.

(2) “Assault long gun” means any of the following or a copy, regardless of the producer or manufacturer:

a. American Arms Spectre da Semiautomatic carbine.

b. Avtomat Kalashnikov semiautomatic rifle in any format, including the AK-47 in all forms.

c. Algimec AGM-1 type semi-auto.

d. AR 100 type semi-auto.

e. AR 180 type semi-auto.

f. Argentine L.S.R. semi-auto.

g. Australian Automatic Arms SAR type semi-auto.

h. Auto-Ordnance Thompson M1 and 1927 semi-automatics.

i. Barrett light .50 cal. semi-auto.

j. Beretta AR70 type semi-auto.

k. Bushmaster semi-auto rifle.

l. Calico models M-100 and M-900.

m. CIS SR 88 type semi-auto.

n. Claridge HI TEC C-9 carbines.

o. Colt AR-15, CAR-15, and all imitations except Colt AR-15 Sporter H-BAR rifle.

p. Daewoo MAX 1 and MAX 2, aka AR 100, 110C, K-1, and K-2.

q. Dragunov Chinese made semi-auto.

r. Famas semi-auto (.223 caliber).

s. Feather AT-9 semi-auto.

t. FN LAR and FN FAL assault rifle.

u. FNC semi-auto type carbine.

v. F.I.E./Franchi LAW 12 and SPAS 12 assault shotgun.

w. Steyr-AUG-SA semi-auto.

x. Galil models AR and ARM semi-auto.

y. Heckler and Koch HK-91 A3, HK-93 A2, HK-94 A2 and A3.

z. Holmes model 88 shotgun.

aa. Manchester Arms “Commando” MK-45, MK-9.

bb. Mandell TAC-1 semi-auto carbine.

cc. Mossberg model 500 Bullpup assault shotgun.

dd. Sterling Mark 6.

ee. P.A.W.S. carbine.

ff. Ruger mini-14 folding stock model (.223 caliber).

gg. SIG 550/551 assault rifle (.223 caliber).

hh. SKS with detachable magazine.

ii. AP-74 Commando type semi-auto.

jj. Springfield Armory BM-59, SAR-48, G3, SAR-3, M-21 sniper rifle, and M1A, excluding the M1 Garand.

kk. Street sweeper assault type shotgun.

ll. Striker 12 assault shotgun in all formats.

mm. Unique F11 semi-auto type.

nn. Daewoo USAS 12 semi-auto shotgun.

oo. UZI 9mm carbine or rifle.

pp. Valmet M-76 and M-78 semi-auto.

qq. Weaver Arms “Nighthawk” semi-auto carbine.

rr. Wilkinson Arms 9mm semi-auto “Terry”.

(3) “Assault pistol” means any of the following or a copy, regardless of the producer or manufacturer:

a. AA Arms AP-9 pistol.

b. Beretta 93R pistol.

c. Bushmaster pistol.

d. Claridge HI-TEC pistol.

e. D Max Industries pistol.

f. EKO Cobra pistol.

g. Encom MK-IV, MP-9, or MP-45 pistol.

h. Heckler and Koch MP5K, MP7, SP-89, or VP70 pistol.

i. Holmes MP-83 pistol.

j. Ingram MAC 10/11 pistol and variations, including the Partisan Avenger and the SWD Cobray.

k. Intratec TEC-9/DC-9 pistol in any centerfire variation.

l. P.A.W.S. type pistol.

m. Skorpion pistol.

n. Spectre double action pistol (Sile, F.I.E., Mitchell).

o. Stechkin automatic pistol.

p. Steyer tactical pistol.

q. UZI pistol.

r. Weaver Arms Nighthawk pistol.

s. Wilkinson “Linda” pistol.

(4) “Assault weapon” means any of the following:

a. An assault long gun.

b. An assault pistol.

c. A copycat weapon.

(5) “Completed a purchase” means that the purchaser completed an application, passed a background check, and has a receipt or purchase order for the assault weapon, without regard to whether the purchaser has actual physical possession of the assault weapon. If receipt of the assault weapon will not occur until July 1, 2023, it is not a completed purchase.

(6) “Copycat weapon” means any of the following:

a. A semiautomatic, centerfire rifle that can accept a detachable magazine and has at least 1 of the following:

1. A folding or telescoping stock.

2. Any grip of the weapon, including a pistol grip, a thumbhole stock, or any other stock, the use of which would allow an individual to grip the weapon, resulting in any finger on the trigger hand in addition to the trigger finger being directly below any portion of the action of the weapon when firing.

3. A forward pistol grip.

4. A flash suppressor.

5. A grenade launcher or flare launcher.

b. A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.

c. A semiautomatic pistol that can accept a detachable magazine and has at least 1 of the following:

1. Except as otherwise provided under paragraph (6)c.1.A. of this section, an ability to accept a detachable ammunition magazine that attaches at some location outside of the pistol grip.

A. Subject to paragraph (6)c.1.B. of this section, the characteristic detailed under this paragraph (6)c.1. does not apply when the characteristic is utilized in conjunction with a rimfire pistol that is used solely for the purposes of competitive shooting events or practice shooting in preparation for competitive shooting events.

B. Paragraph (6)c.1.A of this section applies only to competitive shooting events operated by state or nationally recognized competitive shooting organizations.

2. A threaded barrel capable of accepting a flash suppressor, forward pistol grip or silencer.

3. A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to fire the firearm without being burned, except a slide that encloses the barrel.

4. A second hand grip.

d. A semiautomatic shotgun that has both of the following:

1. A folding or telescoping stock.

2. Any grip of the weapon, including a pistol grip, a thumbhole stock, or any other stock, the use of which would allow an individual to grip the weapon, resulting in any finger on the trigger hand in addition to the trigger finger being directly below any portion of the action of the weapon when firing.

e. A semiautomatic shotgun that has the ability to accept a detachable magazine.

f. A shotgun with a revolving cylinder.

g. A semiautomatic pistol with a fixed magazine that can accept more than 17 rounds.

h. A semiautomatic, centerfire rifle that has a fixed magazine that can accept more than 17 rounds.

(7) “Detachable magazine” means an ammunition feeding device that can be removed readily from a firearm without requiring disassembly of the firearm action or without the use of a tool, including a bullet or cartridge.

(8) “Family” means as defined in § 901 of Title 10.

(9) “Flash suppressor” means a device that functions, or is intended to function, to perceptibly reduce or redirect muzzle flash from the shooter’s field of vision.

(10) “Grenade launcher” means a device designed to fire, launch, or propel a grenade.

(11) “Qualified retired law-enforcement officer” means as defined in § 1441B(c) of this title.

(12) “Secure storage” means a firearm that is stored in a locked container or equipped with a tamper-resistant mechanical lock or other safety device that is properly engaged so as to render the firearm inoperable by a person other than the owner or other lawfully-authorized user.

(13) “Shooting range” means any land or structure used and operated in accordance with all applicable laws and ordinances for the shooting of targets for training, education, practice, recreation, or competition.
11 Del. C. § 8813 — Delaware Code / Title 11 / Chapter 88 / Section 8813
§ Â
        8813. Eligibility for service pension.
Status: in_force

(a) A member shall become eligible to receive a service pension, after the member has terminated employment, beginning with the month when:

(1) The member has 5 years of credited service and has attained age 62; or

(2) The member’s age plus credited service (but not less than 10 years) equals 75; or

(3) The member has 5 years of credited service, and has retired under the provisions of § 8811 of this title; or

(4) The member has 20 years of credited service.

(b) An inactive member with a vested right to a service pension shall become eligible to receive such pension, computed in accordance with the provisions of this chapter in effect when the member ceased to be an employee, beginning with the first month after attainment of age 62.

(c) For purposes of this section, credited service shall include any period during which a member is receiving a disability pension as provided by this chapter.
11 Del. C. § 2304 — Delaware Code / Title 11 / Chapter 23 / Subchapter I / Section 2304
§ Â
        2304. Persons authorized to issue search warrants.
Status: in_force

Any Judge of the Superior Court, the Court of Common Pleas, or any justice of the peace, or any magistrate authorized to issue warrants in criminal cases may, within the limits of their respective territorial jurisdictions, issue a warrant to search any person, house, building, conveyance, place or other thing for each or any of the items specified in § 2305 of this title.
11 Del. C. § 844 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 844
§ Â
        844. Theft; false promise.
Status: in_force

A person commits theft when, with the intent prescribed in § 841 of this title, the person obtains property of another person by means of a representation, express or implied, that the person or a third person will in the future engage in particular conduct, and when the person does not intend to engage in such conduct or, as the case may be, does not believe the third person intends to engage in such conduct. The accused’s intention or belief that a promise would not be performed may not be established by or inferred from the fact alone that the promise was not performed.
11 Del. C. § 1126 — Delaware Code / Title 11 / Chapter 5 / Subchapter V / Section 1126
§ Â
        1126. Jurisdiction.
Status: in_force

The Justice of the Peace Court has jurisdiction over violations of this subpart, except in the instance of violations by an individual who has not attained the age of 18, in which case the Family Court has jurisdiction.
11 Del. C. § 924 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 924
§ Â
        924. Civil litigation.
Status: in_force

This subpart shall neither enlarge nor diminish the rights of parties in civil litigation.
11 Del. C. § 625 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 625
§ Â
        625. Unlawfully administering drugs; class A misdemeanor.
Status: in_force

A person is guilty of unlawfully administering drugs when, for a purpose other than lawful medical or therapeutic treatment, the person intentionally causes stupor, unconsciousness or other alteration of the physical or mental condition of another person by administering to the other person, without consent, a drug.

Unlawfully administering drugs is a class A misdemeanor.
11 Del. C. § 9603 — Delaware Code / Title 11 / Chapter 96 / Subchapter I / Section 9603
§ Â
        9603. Child custody arrangement.
Status: in_force

(a) The Attorney General may not relocate any child in connection with services provided to a person under this subchapter if it appears that a person other than that protected person has legal custody of that child.

(b) Before services which include the establishment of a new identity and/or new place of permanent residence are provided under this subchapter to any person:

(1) Who is a parent of a child of whom that person has custody; and

(2) Who has obligations to another parent of that child with respect to custody or visitation of that child under a court order,

the Attorney General shall obtain and examine a copy of such order for the purpose of assuring that compliance with the order can be achieved. If compliance with a visitation order cannot be achieved, the Attorney General may provide services under this subchapter to the person only if the parent being relocated initiates legal action to modify the existing court order under paragraph (e)(1) of this section. The parent being relocated must agree in writing before being provided such services to abide by any ensuing court orders issued as a result of an action to modify.

(c) With respect to any person provided services which include the establishment of a new identity and/or new place of permanent residence under this subchapter:

(1) Who is the parent of a child who is relocated in connection with such services; and

(2) Who has obligations to another parent of that child with respect to custody or visitation of that child under a state court order,

the Attorney General shall, as soon as practicable after the person and child are so relocated, notify in writing the child’s parent who is not so relocated that a child has been provided services under this subchapter. The notification shall also include statements that the rights of the parent not so relocated to visitation or custody, or both, under the court order shall not be infringed by the relocation of the child and the Department of Justice responsibility with respect thereto. The Department of Justice will pay all reasonable costs of transportation and security incurred in insuring that visitation can occur at a secure location, but in no event shall it be obligated to pay such costs for visitation in excess of 30 days a year. Additional visitation may be paid for, in the discretion of the Attorney General, by the Department of Justice in extraordinary circumstances. In the event that the unrelocated parent pays visitation costs, the Department of Justice may, in the discretion of the Attorney General, extend security arrangements associated with such visitation.

(d) (1) With respect to any person provided services which include the establishment of a new identity and/or new place of permanent residence under this subchapter:

a. Who is the parent of a child who is relocated in connection with such services; and

b. Who has obligations to another parent of that child with respect to custody or visitation of that child under a court order,

an action to modify that court order may be brought by any party to the court order in the Family Court in the county in which the child’s parent resides who has not been relocated in connection with such services.

(2) With respect to actions brought under paragraph (d)(1) of this section, the Family Court shall establish a procedure to provide a reasonable opportunity for the parties to the court order to mediate their dispute with respect to the order. The court shall provide a mediator for this purpose. If the dispute is mediated, the court shall issue an order in accordance with the resolution of the dispute.

(3) If, within 60 days after an action is brought under paragraph (d)(1) of this section hereof to modify a court order, the dispute has not been mediated, any party to the court order may request arbitration of the dispute. In the case of such a request, the court shall appoint a commissioner to act as arbitrator, who shall be experienced in domestic relations matters. The court and the commissioner shall, in determining the dispute, give substantial deference to the need for maintaining parent-child relationships, and any order issued by the court shall be in the best interests of the child. In actions to modify a court order brought under this subsection, the court and the commissioner shall apply the law of the State in which the court order was issued. The costs to the state of carrying out a court order may be considered in an action brought under this subsection to modify that court order but shall not outweigh the relative interests of the parties themselves and the child.

(4) Until a court order is modified under this subsection, all parties to that court order shall comply with their obligations under that court order subject to the limitations set forth in this section.

(5) With respect to any person provided services which include the establishment of a new identity and/or new place of permanent residence under this subchapter who is the parent of a child who is relocated in connection with such services, the parent not relocated in connection with such services may bring an action in the Family Court for violation by that protected person of a court order with respect to custody or visitation of that child. If the court finds that such a violation has occurred, the court may hold the person to whom services have been provided in contempt.

Once held in contempt, the person to whom such services have been provided shall have a maximum of 60 days, in the discretion of the Attorney General, to comply with the court order. If the person fails to comply with the order within the time specified by the Attorney General, the Attorney General shall disclose the new identity and address of the protected person to the other parent and terminate any financial assistance to such person unless otherwise directed by the court.

(6) The State shall pay litigation costs, including reasonable attorneys’ fees, incurred by a parent who prevails in enforcing a custody or visitation order, but shall retain the right to recover such costs from the person to whom services have been provided under this subchapter.

(e) (1) In any case in which the Attorney General determines that, as a result of the relocation of a person and a child of whom that person is a parent in connection with the provision of services under this subchapter, the implementation of a court order with respect to custody or visitation of that child would be substantially impossible, the Attorney General may bring, on behalf of the person provided services under this subchapter, an action to modify the court order. Such action may be brought in the county in which the parent resides who would not be or was not relocated in connection with the services provided under this subchapter. In an action brought under this paragraph, if the Attorney General establishes, by clear and convincing evidence, that implementation of the court order involved would be substantially impossible, the court may modify the court order but shall, subject to appropriate security considerations, provide an alternative as substantially equivalent to the original rights of the nonrelocating parent as feasible under the circumstances.

(2) With respect to any state court order in effect to which this section applies, if the parent who is not relocated in connection with the services provided under this subchapter intentionally violates a reasonable security requirement imposed by the Attorney General with respect to the implementation of that court order, the Attorney General may bring an action in the county in which that parent resides to modify the court order. The court may modify the court order if the court finds such an intentional violation. The procedures for mediation and arbitration provided herein shall not apply to actions for modification brought under this subsection.

(f) In any case in which a person provided services which include the establishment of a new identity and/or new place of permanent residence under this subchapter is the parent of a child of whom that person has custody and has obligations to another parent of that child concerning custody and visitation of that child which are not imposed by court order, that person, or the parent not relocated in connection with such services may bring an action in the county in which the parent not relocated resides to obtain an order providing for custody or visitation, or both, of that child. In any such action, all the provisions of subsection (d) of this section shall apply.

(g) In any case in which an action under this section involves court orders from different States with respect to custody or visitation of the same child, the court shall resolve any conflicts by applying the rules of conflict of laws of the state in which the court is sitting.

(h) (1) Subject to paragraph (h)(2) of this section, the costs of any action described in subsection (d), (e) or (f) of this section shall be paid by the State.

(2) The Attorney General shall insure that any state court order in effect to which this section applies is carried out. The Department of Justice shall pay all costs and fees described in subsections (c) and (d) of this section.

(i) As used in this section, the term “parent” includes any person who stands in the place of a parent by law.
11 Del. C. § 8509 — Delaware Code / Title 11 / Chapter 85 / Subchapter I / Section 8509
§ Â
        8509. Information to be supplied by heads of institutions.
Status: in_force

Every person in responsible charge of an institution to which there are committed individuals convicted of crime, or persons declared to be not guilty by reason of mental illness, or declared incompetent to stand trial for criminal offenses or involuntarily committed for mental illness pursuant to Chapter 50 of Title 16, shall:

(1) Transmit to the Bureau the names, dates of birth and Social Security numbers of all adults so committed and shall report any subsequent change in release status. Every person in responsible charge of such institutions shall also forward to the Bureau the names and photographs of all individuals who are to be discharged from such institutions, after having been confined in such institutions. Such photographs shall be taken immediately before release of such individuals, and the individual shall be attired in civilian clothes.

(2) Pursuant to § 1448A of this title, cause to be transmitted to the Federal Bureau of Investigation, National Instant Criminal Background Check System, such information as may be required to comply with federal laws and regulations relating to background checks for the purchase or transfer of firearms.
11 Del. C. § 8373 — Delaware Code / Title 11 / Chapter 83 / Subchapter III / Section 8373
§ Â
        8373. Death benefit.
Status: in_force

Upon the death of a member, inactive member, retired member or individual receiving a survivor’s pension, there shall be paid to the designated beneficiary or beneficiaries or, in the absence of a designated beneficiary, to the estate of the member, inactive member, retired member or survivor, a lump sum equal to the excess, if any, of the accumulated member contributions with interest over the aggregate of all pension payments made.
11 Del. C. § 6529 — Delaware Code / Title 11 / Chapter 65 / Subchapter VI / Section 6529
§ Â
        6529. Institutional Classification Board; discretion of Department in adopting classification systems.
Status: in_force

(a) The Institutional Classification Board shall classify persons in the several institutions and facilities and shall promulgate regulations in accordance with which 1 or more classification committees shall be organized and operated not inconsistent with § 6527(b) of this title.

(b) The Institutional Classification Board’s purpose is the organization and harmony of inmate life.

(c) The Institutional Classification Board shall consist of an equal number of individuals from both the custodial staff and the treatment staff.

(d) The warden shall maintain the power to veto decisions of the Board.

(e) Nothing in this chapter shall be construed to require the Department to institute or maintain any system of classification of convicted persons for the purpose of assignment to institutions or housing units within institutions. However, the Department may, at its discretion, institute or maintain any such system at any or all of its institutions.

(f) Nothing in this chapter shall be construed to require the Department to reduce the inmate population of any of its institutions below the capacity for which that institution was designed in order to accommodate any system of classification of convicted persons for purposes of assignment to institutions or housing units within an institution which the Department institutes or maintains.

(g) Nothing in this chapter requiring or permitting the Department to institute or maintain a program or programs for the custody, rehabilitation or care of persons coming under the jurisdiction of the Department, including but not limited to such programs as may be required or permitted by §§ 6530 and 6531 of this title, shall be construed to require the Department to reduce the inmate population at any of its institutions below the capacity for which that institution was designed.
11 Del. C. § 636 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 636
§ Â
        636. Murder in the first degree; class A felony.
Status: in_force

(a) A person is guilty of murder in the first degree when:

(1) The person intentionally causes the death of another person;

(2) While engaged in the commission of, or attempt to commit, or flight after committing or attempting to commit any felony, the person recklessly causes the death of another person.

(3) The person intentionally causes another person to commit suicide by force or duress;

(4) The person recklessly causes the death of a law-enforcement officer, corrections employee, fire fighter, paramedic, emergency medical technician, fire marshal or fire police officer while such officer is in the lawful performance of duties;

(5) The person causes the death of another person by the use of or detonation of any bomb or similar destructive device;

(6) The person causes the death of another person in order to avoid or prevent the lawful arrest of any person, or in the course of and in furtherance of the commission or attempted commission of escape in the second degree or escape after conviction.

(b) Murder in the first degree is a class A felony and shall be punished:

(1) As provided in § 4209 of this title for an offense that was committed after the person had reached the person’s eighteenth birthday; and

(2) As provided in § 4209A of this title for an offense that was committed before the person had reached the person’s eighteenth birthday.
11 Del. C. § 8203 — Delaware Code / Title 11 / Chapter 82 / Section 8203
§ Â
        8203. Salaries.
Status: in_force

Each of the Capitol Police shall receive a salary in accordance with the current annual State Budget Act.
11 Del. C. § 9904 — Delaware Code / Title 11 / Chapter 99 / Section 9904
§ Â
        9904. Executive Director; powers and duties [For application of this section, see 84 Del. Laws, c. 508, Â 2].
Status: in_force

(a) The Executive Director shall report to the Council. For matters involving anything that may affect the Criminal Justice Council’s budget, the Executive Director shall also report to the Executive Director of the Criminal Justice Council. The Executive Director of the Criminal Justice Council has final approval over matters involving anything that may affect the Criminal Justice Council’s budget.

(b) In pursuit of the mission of the Family Justice Centers, the Executive Director has the following powers and duties:

(1) Identify locations for the establishment of at least 1 Family Justice Center in each county based on need and access.

(2) Work with the Council and Criminal Justice Council to identify and secure funding for the establishment of Family Justice Centers in each county.

(3) Name or approve a name recommended by the Council for each Family Justice Center that is established.

(4) Develop policies and procedures, in collaboration with state, local, and community-based crime victim service providers and local survivors of violence and abuse, to ensure coordinated services are provided to victims and survivors of crime and to enhance the safety of victims, survivors, and professionals at the Family Justice Centers.

(5) Maintain a formal victim and survivor feedback, complaint, evaluation, and input process to address victim and survivor concerns about services provided or the conduct of any Family Justice Center professionals, agency partners, or volunteers providing services in the Family Justice Center.

(6) Employ, contract, or otherwise secure the assistance of such personnel and other service providers as are necessary to carry out the functions of this chapter, subject to the approval of the Council and within the limits of any funds secured by the Executive Director and any appropriation made by the General Assembly, including the following:

a. Law-enforcement personnel.

b. Medical personnel.

c. Attorneys.

d. Systems-based victim services personnel.

e. Domestic violence program advocates.

f. Community-based rape crisis, domestic violence, and human trafficking advocates.

g. Social service agency staff members.

h. Family Court staff.

i. Division of Family Services staff.

j. Division of Public Health staff.

k. Division of Social Services staff.

l. Nonprofit agency counseling professionals.

m. Civil legal service providers.

n. Supervised volunteers from partner agencies.

o. Other professionals providing services to victims and survivors.

(7) Create, maintain, and ensure compliance with the following:

a. Policies and procedures pertaining to record confidentiality that incorporate all federal and state privacy laws.

b. Policies and procedures pertaining to securing written consent from a victim or survivor for the collection and sharing of confidential records under § 9905 of this title.

(8) Develop, approve, and provide for an annual training program for service providers consisting of not less than 8 hours per year on subjects including, but not limited to, privileges and confidentiality, information sharing, risk assessment, safety planning, victim advocacy, and high-risk case response.

(9) Publish an annual report on the Family Justice Center website recapping the development of the Family Justice Centers as well as de-identified statistics and recommendations that include the following:

a. The number of victims and survivors who received assistance, the number of children and other family members of victims and survivors who received assistance, and the number of victims, survivors, and children and other family members of victims and survivors who received assistance multiple times.

b. The reasons that victims, survivors, and family members of victims and survivors requested assistance.

c. Barriers, if any, encountered by victims, survivors, and family members of victims and survivors to receiving available services at a Family Justice Center, including actual or perceived barriers based on immigration status, criminal history, substance abuse or mental health issues, or privacy concerns.

d. Recommendations of means to mitigate any identified barriers to accessing services and for improving the utilization rate of services.
11 Del. C. § 9906 — Delaware Code / Title 11 / Chapter 99 / Section 9906
§ Â
        9906. Family Justice Center Council [For application of this section, see 84 Del. Laws, c. 508, Â 2].
Status: in_force

(a) The Family Justice Center Council is hereby established.

(b) The Family Justice Center Council has the powers and duties necessary to oversee and ensure the operation of Family Justice Centers.

(c) The Council consists of the following members:

(1) The Chief Judge of the Family Court, or the designee of the Chief Judge of the Family Court.

(2) One member of the House of Representatives, appointed by the Speaker of the House of Representatives.

(3) One member of the Senate, appointed by the President Pro Tempore of the Senate.

(4) The Attorney General, or the designee of the Attorney General.

(5) The Child Advocate, or the designee of the Child Advocate.

(6) A representative of the law-enforcement community appointed by the Secretary of the Department of Safety and Homeland Security.

(7) The Secretary of the Department of Services for Children, Youth and Their Families, or the designee of the Secretary of the Department of Services for Children, Youth and Their Families.

(8) The Secretary of the Department of Health and Social Services, or the designee of the Secretary of the Department of Health and Social Services.

(9) The Secretary of the Department of Labor, or the designee of the Secretary of the Department of Labor.

(10) Twelve at-large members who are selected by Council members under paragraphs (c)(1) through (c)(9) of this section. The Council members selecting the at-large members must consider geographic diversity and ensure representation of each county when selecting an at-large member. An at-large member is a full member of the Council. The at-large members must be comprised of the following:

a. One member representing advocates or advocacy agencies that work on behalf of victims and survivors of domestic violence.

b. One member representing advocates or advocacy agencies that work on behalf of victims and survivors of sexual assault.

c. One member representing advocates or advocacy agencies that work on behalf of victims and survivors of human trafficking.

d. One member representing advocates or advocacy agencies that work on behalf of child survivors.

e. One member representing a nonprofit agency that provides culturally- or linguistically-appropriate victim services.

f. One member representing the mental health care provider community.

g. One member representing legal service providers or legal advocates that work on behalf of victims and survivors.

h. One member of the public who is a survivor of domestic violence.

i. One member of the public who is a survivor of sexual assault.

j. One member of the public who is a survivor of human trafficking.

k. One member representing the sexual assault nurse examiner or forensic nurse examiner community.

l. One member representing system-based police or prosecution victim service specialists.

(d) The term of an at-large member selected by the Council is 3 years. An at-large member may be selected for a term of less than 3 years to ensure terms expire on a staggered basis. At-large members are eligible for re-selection.

(e) In case of a vacancy before the expiration of an at-large member’s term, the Council shall select a successor within 60 days of the vacancy.

(f) A member may be removed by the Council if the member does not attend 2 or more consecutive Council meetings.

(g) The Council must meet at least 4 times per year. Nine members constitute a quorum.

(h) The Chief Judge of the Family Court shall convene the initial meeting of the Council. At the initial meeting of the Council, a Chair and Vice Chair must be elected by the Council members. Thereafter, the Council shall elect a Chair and Vice Chair biennially, at the first meeting of the calendar year in odd-numbered years, to serve a 2-year term. The Vice Chair’s duty shall be to act as Chair in the absence of the Chair.

(i) The Chair must convene and preside over meetings of the Council and prepare an agenda for meetings.

(j) The Council shall establish committees composed of Council members and other knowledgeable individuals, as it deems advisable, to assist in planning, policy, goal and priority recommendations and developing implementation plans to achieve the purposes of the Council.

(k) The Council shall promulgate rules of procedure governing its operations, provided that they are in accordance with Chapters 100 and 101 of Title 29.

(l) The Council shall submit a written report of its activities and recommendations to the Governor, the Chief Justice of the Supreme Court, the Clerk of the House, the Secretary of the Senate, and the Director and Librarian of the Division of Legislative Services at least once every year on or before October 15.
11 Del. C. § 1470 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1470
§ Â
        1470. Definitions.
Status: in_force

(a) “Cheat” means to alter the element of chance, method of selection, or criteria which determines:

(1) The result of the game;

(2) The amount or frequency of payment in a game, including intentionally taking advantage of a malfunctioning machine;

(3) The value of a wagering instrument; or

(4) The value of a wagering credit.

(b) “Cheating device” means any physical, mechanical, electromechanical, electronic, photographic, or computerized device used in such a manner as to cheat, deceive or defraud a video lottery machine or a table game. This includes, but is not limited to, slugs, plastic, tape, string or dental floss which is placed inside a coin or bill acceptor or any other opening in a video lottery machine in a manner to simulate coin or currency acceptance, and is thereafter withdrawn, or forged or stolen keys used to gain access to a machine to remove its contents, or game cards or dice that have been marked, loaded or tampered with.

(c) “Paraphernalia for the manufacturing of cheating devices” means the equipment, products or materials that are intended for use or designed for use in manufacturing, producing, fabricating, preparing, testing, analyzing, packaging, storing or concealing a counterfeit facsimile of the chips, tokens, debit instruments or other wagering devices approved by the State Lottery Office or lawful coin or currency of the United States of America. This term includes, but is not limited to, lead or lead alloy molds, forms, or similar equipment capable of producing a likeness of a gaming token or United States coin or currency; melting pots or other receptacles; torches; tongs, trimming tools or other similar equipment; and equipment that can be used to manufacture facsimiles of debit instruments or wagering instruments approved by the State Lottery Office.

(d) “Table game” shall mean any game played with cards, dice or any mechanical, electromechanical or electronic device or machine (excluding video lottery machines) for money, credit or any representative of value, including, but not limited to, baccarat, blackjack, twenty-one, poker, craps, roulette, keno, bingo, wheel of fortune or any variation of these games, whether or not similar in design or operation.

(e) “Video lottery machine” shall mean any machine in which bills, coins or tokens are deposited in order to play in a game of chance in which the results, including options to the player, are randomly and immediately determined by the machine. A machine may use spinning reels or video displays or both, and may or may not dispense coins or tokens directly to winning players. A machine shall be considered a video lottery machine notwithstanding the use of an electronic credit system making the deposit of bills, coins or tokens unnecessary.
11 Del. C. § 791 — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 791
§ Â
        791. Acts constituting coercion; class A misdemeanor.
Status: in_force

A person is guilty of coercion when the person compels or induces a person to engage in conduct which the victim has a legal right to abstain from engaging in, or to abstain from engaging in conduct in which the victim has a legal right to engage, by means of instilling in the victim a fear that, if the demand is not complied with, the defendant or another will:

(1) Cause physical injury to a person; or

(2) Cause damage to property; or

(3) Engage in other conduct constituting a crime; or

(4) Accuse some person of a crime or cause criminal charges to be instituted against a person; or

(5) Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or

(6) Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or

(7) Use or abuse the defendant’s position as a public servant by performing some act within or related to the defendant’s official duties, or by failing or refusing to perform an official duty in such manner as to affect some person adversely; or

(8) Perform any other act which is calculated to harm another person materially with respect to that person’s health, safety, business, calling, career, financial condition, reputation or personal relationships.

Coercion is a class A misdemeanor.
11 Del. C. § 9001 — Delaware Code / Title 11 / Chapter 90 / Section 9001
§ Â
        9001. Declaration of purpose.
Status: in_force

The General Assembly hereby declares that it serves a purpose, and is of benefit to the State, to indemnify those persons who are victims of crimes committed within the State or Delaware victims of terrorist acts, and it is therefore the declared purpose of this chapter to promote the public welfare by establishing a means of meeting the additional hardships imposed upon the innocent victims of certain crimes, and the families and dependents of those victims.
11 Del. C. § 892 — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 892
§ Â
        892. Fraud in insolvency; class A misdemeanor.
Status: in_force

A person is guilty of fraud in insolvency when, with intent to defraud any creditor and knowing that a receiver or other person entitled to administer property for the benefit of creditors has been appointed, or that any other composition or liquidation for the benefit of creditors has been made, the person:

(1) Conveys, transfers, removes, conceals, destroys, encumbers or otherwise disposes of any part of or any interest in the debtor’s estate; or

(2) Obtains any substantial part of or interest in the debtor’s estate; or

(3) Presents to any creditor or to the receiver or administrator any writing or record relating to the debtor’s estate knowing the same to contain a false material statement; or

(4) Misrepresents or fails or refuses to disclose to the receiver or administrator the existence, amount or location of any part of or any interest in the debtor’s estate, or any other information which the person is legally required to furnish to the administrator.

Fraud in insolvency is a class A misdemeanor.
11 Del. C. § 2005 — Delaware Code / Title 11 / Chapter 20 / Subchapter I / Section 2005
§ Â
        2005. Exception for exigent circumstances.
Status: in_force

A custodial interrogation to which § 2003 of this title otherwise applies need not be recorded electronically if recording is not feasible because of exigent circumstances. The law-enforcement officer conducting the interrogation shall record electronically an explanation of the exigent circumstances before conducting the interrogation, if feasible, or as soon as practicable after the interrogation is completed.
11 Del. C. § 468 — Delaware Code / Title 11 / Chapter 4 / Section 468
§ Â
        468. Justification â Use of force by persons with special responsibility for care, discipline or safety of others.
Status: in_force

The use of force upon or toward the person of another is justifiable if it is reasonable and moderate and:

(1) The defendant is the parent, guardian, foster parent, legal custodian or other person similarly responsible for the general care and supervision of a child, or a person acting at the request of a parent, guardian, foster parent, legal custodian or other responsible person, and:

a. The force is used for the purpose of safeguarding or promoting the welfare of the child, including the prevention or punishment of misconduct; and

b. The force used is intended to benefit the child, or for the special purposes listed in paragraphs (2)a., (3)a., (4)a., (5), (6) and (7) of this section. The size, age, condition of the child, location of the force and the strength and duration of the force shall be factors considered in determining whether the force used is reasonable and moderate; but

c. The force shall not be justified if it includes, but is not limited to, any of the following: Throwing the child, kicking, burning, cutting, striking with a closed fist, interfering with breathing, use of or threatened use of a deadly weapon, prolonged deprivation of sustenance or medication, or doing any other act that is likely to cause or does cause physical injury, disfigurement, mental distress, unnecessary degradation or substantial risk of serious physical injury or death; or

(2) The defendant is a teacher or a person otherwise entrusted with the care or supervision of a child for a special purpose, and:

a. The defendant reasonably believes the force used is necessary to further the special purpose, including the maintenance of reasonable discipline in a school, class or other group, and that the use of force is consistent with the welfare of the child; and

b. The degree of force, if it had been used by the parent, guardian, foster parent or legal custodian of the child, would be justifiable under paragraph (1)a. and b. of this section and not enumerated under paragraph (1)c. of this section; or

(3) The defendant is the guardian or other person similarly responsible for the general care and supervision of a person who is incompetent, and:

a. The force is used for the purpose of safeguarding or promoting the welfare of the person who is incompetent, including the prevention of misconduct, or, when such person who is incompetent is in a hospital or other institution for care and custody, for the maintenance of reasonable discipline in such institution; and

b. The force used is reasonable and moderate; the size, age, condition of the person who is incompetent, location of the force and the strength and duration of the force shall be factors considered in determining whether the force used is reasonable and moderate; and

c. The force is not enumerated under paragraph (1)c. of this section; and

d. The force is not proscribed as abuse or mistreatment under Chapter 11 of Title 16; or

(4) The defendant is a doctor or other therapist or a person assisting at the doctor’s or other therapist’s direction, and:

a. The force is used for the purpose of administering a recognized form of treatment which the defendant reasonably believes to be adapted to promoting the physical or mental health of the patient; and

b. The treatment is administered with the consent of the patient or, if the patient is a minor or a person who is incompetent, with the consent of a parent, guardian or other person legally competent to consent in the patient’s behalf, or the treatment is administered in an emergency when the defendant reasonably believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent; or

(5) The defendant is a warden or other authorized official of a correctional institution, or a superintendent, administrator or other authorized official of the Division of Youth Rehabilitative Service, and:

a. The defendant reasonably believes that the force used is necessary for the purpose of enforcing the lawful rules or procedures of the institution; and

b. The nature or degree of force used is not forbidden by any statute governing the administration of the institution; and

c. If deadly force is used, its use is otherwise justifiable under this Criminal Code; or

(6) The defendant is a person responsible for the safety of a vessel or an aircraft or a person acting at the responsible person’s direction, and:

a. The defendant reasonably believes that the force used is necessary to prevent interference with the operation of the vessel or aircraft or obstruction of the execution of a lawful order; and

b. If deadly force is used, its use is otherwise justifiable under this Criminal Code; or

(7) The defendant is a person who is authorized or required by law to maintain order or decorum in a vehicle, train or other carrier or in a place where others are assembled, and:

a. The defendant reasonably believes that the force used is necessary for such purpose; and

b. The force used is not designed to cause or known to create a substantial risk of causing death, physical injury or extreme mental distress.
11 Del. C. § 4347 — Delaware Code / Title 11 / Chapter 43 / Subchapter IV / Section 4347
§ Â
        4347. Parole authority and procedure.
Status: in_force

(a) A person committed to the custody of the Department who will be eligible for parole within 180 days may apply for a parole hearing on forms promulgated by the Board. Upon receipt of such application, the Board shall notify the Bureau Chief of Prisons of said application and request verification of parole eligibility and the information required in subsection (d) of this section which shall be provided the Board within 30 days. Upon receipt of the foregoing information, the Board shall determine within 30 days if a parole hearing will be scheduled. If the hearing is denied or if the hearing is held and the parole denied the applicant and the Department shall be advised in writing by the Board of the earliest date, not sooner than 6 months for an applicant with a good-time release date of 3 years or less and not sooner than 1 year for an applicant with a good-time release date of more than 3 years, upon which the applicant shall be eligible to again apply for a parole hearing in accordance within this section.

(b) If any person eligible for parole fails to make an application as specified in subsection (a) of this section, the Department shall have no duty to such person to provide the Board with the information otherwise required by this chapter and the Board shall have no duty to such person to consider such person for parole. Notwithstanding the failure of a person to apply for parole, the Department is permitted to provide the Board with the information otherwise required by this chapter and the Board may, in turn, consider such person for parole.

(c) A parole may be granted when in the opinion of the Board there is reasonable probability that the person can be released without detriment to the community or to person, and where, in the Board’s opinion, parole supervision would be in the best interest of society and an aid to rehabilitation of the offender as a law-abiding citizen. A parole shall be ordered only in the best interest of society, not as an award of clemency, and shall not be considered as a reduction of sentence or a pardon. A person shall be placed on parole only when the Board believes that the person is able and willing to fulfill the obligations of a law-abiding citizen. Among the factors the Board shall consider when determining if a defendant shall be placed on parole are as follows: job skills, progress towards or achievement of a general equivalency diploma, substance abuse treatment and anger management and conflict resolution.

(d) Within 1 month prior to the time an offender is scheduled for a parole hearing, the Department shall submit a progress report with parole recommendations to the Parole Board, and the Department shall submit a carefully evaluated parole plan with recommendations. At the same time a copy of the progress report and the parole plan and recommendations shall also be submitted to the Delaware State Police and to the arresting public police organization, along with the date and location of the scheduled parole hearing. Moreover, whenever possible and feasible, the Department shall notify the aggrieved party of the crime or crimes for which the offender was sentenced and the date and location of the scheduled parole hearing.

(e) The Board shall have no obligation to allow a person eligible for parole to appear before it, and the Board may deny a parole application without having interviewed the applicant. In no case, however, shall the Board grant a parole without having first had the applicant personally appear before the Board and be interviewed by it.

(f) All paroles shall issue upon order of the Board duly adopted by a majority of those present and voting; provided, however, no person who has been convicted of and imprisoned for murder in the first or second degree, rape in the first, second or third degree, unlawful sexual intercourse in the first or second degree, kidnapping or any offense relating to the sale, attempt to sell, delivery or possession with intent to sell or deliver a narcotic drug shall be granted a parole except by order of the Board duly adopted by at least 4 of the 5 members of the Board. A quorum shall be a minimum of 3 members.

No parole shall be issued to any prisoner who has been convicted in a court of law and sentenced for committing or attempting to commit the offense of “escape after conviction” as set forth in § 1253 of this title until such time as that prisoner has served the amount of time equivalent to and commensurate with that imposed in the sentence set forth by the court for said escape or attempt to escape.

No parole shall be issued to any prisoner who has been convicted and sentenced in a court of law for the offense of “conspiracy in the second degree” as defined in § 512 of this title with respect to directly and actively aiding or abetting an escape as defined in § 1253 of this title until such time as an equivalent amount of time commensurate with that which has been imposed under the sentence set forth by the court for said conspiracy has been served.

(g) Every person while on parole shall remain in the legal custody of the Department but shall be subject to the orders of the Board of Parole.

(h) Where civil rights would otherwise be forfeited, they shall be forfeited only during any period of incarceration.

(i) The period served on parole or conditional release shall be deemed service of the term of imprisonment, and subject to the provisions contained in § 4352 of this title, relating to a person who is a fugitive from or has fled from justice, the total time served may not exceed the maximum term or sentence. When a person on parole or conditional release has performed the obligations of that person’s release for such time as shall satisfy the Board that the person’s final release is not incompatible with the best interest of society and the welfare of the individual, the Board may make a final order of discharge and issue a certificate of discharge to the person; but no such order of discharge shall be made within 1 year after the date of release except where the sentence expires earlier thereto. Such discharge, and the discharge of a person who has served person’s term of imprisonment, shall have the effect of restoring all civil rights lost by operation of law upon commitment. Except when discharged herein a person on parole or conditional release shall be on parole until the expiration of the maximum term for which the person is sentenced.

(j) Each person who is eligible for parole or conditional release under this subchapter is eligible to be a candidate for appointment to the house arrest program for nonviolent offenders. A person shall be eligible for consideration to participate in the house arrest program if such person meets all of the requirements of subsection (c) of this section and in addition:

(1) Makes regular payments, per month, toward the costs incurred by the State in maintaining the program;

(2) Performs such stipulated number of hours of public service work as are directed by the court or by the Department;

(3) Makes restitution to any victim or victims in such amounts as the court shall determine. Full or partial restitution, in such manner as the court determines, is a requirement for participation, or continued participation, in the program.

(k) Notification of parole eligibility. — (1) a. At least 30 days before a scheduled parole hearing for an inmate convicted of a felony offense, the Board shall notify the victim or member of the victim’s family of the date, time, and place of the scheduled hearing. A copy of any rules developed under § 4350(a) of this title must be included with the notice.

b. Notwithstanding paragraph (k)(1)a. of this section, the victim or member of the victim’s family can request not to receive notification under § 9414(a)(3) of this title.

(2) At least 30 days prior to a scheduled parole hearing for an inmate convicted of a felony offense, the Board shall send a notice of the date, time and place of the scheduled hearing to the attorney general.

(3) At least 30 days prior to a scheduled parole hearing for an inmate convicted of a felony offense, the Board shall cause notice of the date, time and place of the scheduled hearing to be published in a newspaper with an average daily statewide circulation of at least 15,000 copies, of which at least 5,000 copies shall be in the county in which the offense occurred.

(l) Notification of parole decision. — (1) At the same time as the Board sends notice of its decision to the inmate, the Board shall send notice of its decision to individuals notified under paragraphs (k)(1) or (k)(2) of this section.

(2) No later than 10 days after a parole hearing resulting in parole of an applicant, the Board shall cause notice of its decision to be published in the same newspaper in which the notice of the hearing was published.

(m) Before a parole hearing, a party to whom the Board failed to notify as required in paragraphs (k)(1) or (2) of this section may request that the Board postpone the scheduled hearing in order to provide a reasonable opportunity for the party to attend the hearing or submit a written statement, or do both. However, in no event may the hearing be postponed more than 45 days from the original scheduled date.

(n) A notice under this section must be provided to the victim or to a member of the victim’s family under § 9414(a) of this title.
11 Del. C. § 1423 — Delaware Code / Title 11 / Chapter 5 / Subchapter VII / Section 1423
§ Â
        1423. Contents of notice.
Status: in_force

The notice which is served personally upon the occupant or owner or is posted upon the outside of the premises shall in all cases designate the name of the Court in which the rule will be heard, and shall further contain the time and the date upon which the rule will be brought on for hearing.
11 Del. C. § 424 — Delaware Code / Title 11 / Chapter 4 / Section 424
§ Â
        424. Definitions relating to intoxication.
Status: in_force

As used in §§ 421-423 of this title:

(1) “Intoxication” means the inability, resulting from the introduction of substances into the body, to exercise control over one’s mental faculties.

(2) “Voluntary intoxication” means intoxication caused by substances which the actor knowingly introduces into the actor’s body, the tendency of which to cause intoxication the actor knows or should know, unless the actor introduces them pursuant to medical advice or under such duress as would afford a defense to a prosecution for a criminal offense.
11 Del. C. § 2116 — Delaware Code / Title 11 / Chapter 21 / Section 2116
§ Â
        2116. Preventive detention [Effective July 1, 2026].
Status: reserved

(a) For the purposes of this section:

(1) “Original offense” means any violent felony which is alleged to have been committed by a defendant who is thereafter released from custody upon execution of any form of conditions of release bond.

(2) “Subsequent offense” means any violent felony or any similar offense set forth under the laws of another state, the United States or any territory of the United States which is alleged to have been committed by a defendant during the period of that defendant’s bail in connection with an original offense.

(b) In connection with any form of bail for a defendant charged with any violent felony, if after release the defendant is charged by arrest, warrant, indictment or information with the commission of a subsequent offense, that defendant shall be brought before the Superior Court. If after a hearing, the Superior Court finds proof positive or presumption great that the defendant has committed a subsequent offense during such period of release, notwithstanding any provision of this chapter or any statute or court rule to the contrary, the Court shall revoke the bail to which the defendant was admitted in connection with the original offense.

(c) Notwithstanding any provision of this chapter or any other statute or court rule to the contrary, whenever the defendant is charged with a subsequent offense, any form of bail relating to the original offense shall be temporarily revoked by any court, including the Justice of the Peace Court, Court of Common Pleas, or Superior Court, before whom the defendant is then appearing, and the defendant shall be held in lieu of bail for the original offense until such time as the Superior Court holds a hearing to determine whether there is proof positive or presumption great that the defendant committed a subsequent offense during the period of release.

(d) Notwithstanding any provision of this chapter or any statute or court rule to the contrary, any defendant whose bail is revoked by the Superior Court pursuant to this section shall be subject to bail on the original offense in an amount at least twice the amount of bail originally set. If the bail on the original offense was not already secured by cash, the amount of bail may be posted only in the form of a conditions of release bond guaranteed by financial terms secured by cash only.(a) Purpose. —

The purpose of this section is to provide the court with the authority to make transparent decisions to detain certain detention-eligible defendants pending a final determination as to the guilt of the defendant.

(b) (1) Eligibility. —

A detention-eligible defendant is a defendant charged with committing or attempting to commit any of the following:

a. Any Title 11 class A felony.

b. Abuse of a pregnant female in the first degree, in violation of § 606 of this title.

c. Strangulation, in violation of § 607 of this title.

d. Assault in the second degree, in violation of § 612(a)(1) or (a)(2) of this title.

e. Assault in the first degree, in violation of § 613 of this title.

f. Manslaughter, in violation of § 632 of this title.

g. Murder of a child by abuse or neglect in the second degree, in violation of § 633 of this title.

h. Rape in the fourth degree, in violation of § 770(a)(1) or (a)(3) of this title.

i. Rape in the third degree, in violation of § 771 of this title.

j. Rape in the second degree, in violation of § 772 of this title.

k. Continuous sexual abuse of a child, in violation of § 776 of this title.

l. Sex offender unlawful sexual conduct against a child, in violation of § 777A of this title.

m. Sexual abuse of a child by a person in a position of trust, authority, or supervision in the first degree, in violation of § 778 of this title.

n. Kidnapping in the first degree, in violation of § 783A of this title.

o. Trafficking an individual; forced labor; sexual servitude, in violation of § 787(b)(1) through (3) of this title.

p. Arson in the first degree, in violation of § 803 of this title.

q. Burglary in the first degree, in violation of § 826 of this title.

r. Robbery in the first degree, in violation of § 832 of this title.

s. Child abuse in the second degree, in violation of § 1103B of this title.

t. Child torture, in violation of § 1103D of this title.

u. Sexual exploitation of a child, in violation of § 1108 of this title.

v. Unlawful dealing in child pornography, in violation of § 1109 of this title.

w. Sexual solicitation of a child, in violation of § 1112A(h) of this title.

x. Promoting sexual solicitation of a child, in violation of § 1112B(g) of this title.

y. Escape after conviction in violation of § 1253 of this title, when a class C or class B felony.

z. Stalking, in violation of § 1312 of this title.

aa. Possession of a deadly weapon during commission of a felony, in violation of § 1447 of this title.

bb. Possession of a firearm during commission of a felony, in violation of § 1447A of this title.

cc. Possession of a firearm by persons prohibited, in violation of § 1448(a)(1), (a)(4), (a)(6), (a)(7), or (a)(11) of this title.

dd. Racketeering, in violation of § 1503 of this title.

ee. Aggravated act of intimidation, in violation of § 3533 of this title.

ff. Any violent felony as defined by § 4201(c) of this title, allegedly committed while defendant is pending adjudication on a previously charged violent felony.

gg. Any violent felony, as defined by § 4201(c) of this title, allegedly committed against a petitioner with an active protection from abuse order against the defendant.

hh. Any violent felony, as defined by § 4201(c) of this title, allegedly committed against a victim while the defendant is pending adjudication on a previously charged “domestic violence” offense as defined by § 1041 of Title 10, allegedly committed against the same victim.

ii. Any felony offense of “domestic violence,” as defined by § 1041 of Title 10, allegedly committed while defendant is pending adjudication on a previously charged violent felony, as defined by § 4201(c) of this title.

jj. Felony noncompliance with bond, in violation of § 2109(c)(1) or § 2113(c)(1) of this title and involving a violent felony offense as defined by § 4201(c) of this title.

kk. Any felony offense of “domestic violence,” as defined by § 1041 of Title 10, causing “physical injury,” as defined by § 222 of this title, or “serious physical injury,” as defined by § 222 of this title.

ll. Drug dealing (Tier 3), in violation of § 4752(a)(1) of Title 16.

(2) An offense may only be added to the list in paragraph (b)(1) of this section by an act that complies with § 12 of Article I of the Delaware Constitution. An amendment to an offense on the list in paragraph (b)(1) of this section is amended for the purposes of paragraph (b)(1) of this section only if it complies with § 12 of Article I of the Delaware Constitution.

(c) Initial appearance right to counsel. —

A defendant who is eligible for preventive detention under this section must be afforded representation by the Office of Defense Services or retained counsel at the initial appearance described by § 1909 of this title. A defendant who is unable to afford counsel must have counsel appointed without undue delay and, in any event, within 24 hours of arrest.

(d) Temporary preventive detention hearing. —

(1) If a detention-eligible defendant appears before a Justice of the Peace magistrate or a judicial officer of the Superior Court for initial appearance, the magistrate or judicial officer of the Superior Court may issue a temporary order to detain the defendant for a period of time not to exceed 10 days if the court finds all of the following:

a. Probable cause that the defendant committed 1 of the offenses listed in subsection (b) of this section.

b. Clear and convincing evidence that no condition or combination of conditions of release will do all of the following:

1. Reasonably assure the appearance of the defendant at court proceedings.

2. Reasonably assure the protection of the community, victims, witnesses, or any other person.

3. Reasonably maintain the integrity of the judicial process, such that the defendant will not obstruct or attempt to obstruct justice.

(2) Enumerated factors to consider during a temporary preventive detention hearing. —

During a temporary preventive detention hearing to determine whether no condition or combination of conditions will reasonably assure the defendant’s appearance at court proceedings, reasonably assure the protection of the community, victims, witnesses, or any other person, and reasonably maintain the integrity of the judicial process, such that the defendant will not obstruct or attempt to obstruct justice, the court may consider all of the following:

a. The nature and circumstances of the offense charged.

b. The history and characteristics of the defendant, including any of the following:

1. Whether, at the time of the current arrest, the defendant was on probation, parole, or other release pending trial, sentencing, appeal, or completion of sentence for an offense under federal law or the law of this State or any other state.

2. The defendant’s history of community supervision including amenability to pretrial conditions of release, failure to appear, failure to register as sex offender violations, custodial sentences imposed, and prior convictions for felonies, misdemeanors, and violent offenses.

3. The defendant’s family ties, including responsibility as a primary caregiver to children or infirm relatives.

4. The defendant’s employment or enrollment in educational studies.

5. The defendant’s character, physical and mental condition, including engagement in medical, mental health, or substance abuse treatment, and the effect detention would have on any current treatment.

6. The defendant’s length of residence in the community.

c. The nature and seriousness of the danger to any other person or the community that would be posed by the defendant’s release.

d. The nature and seriousness of the risk of obstructing or attempting to obstruct the criminal justice process that would be posed by the defendant’s release.

e. The recommendation of the Attorney General or any pretrial services agency.

f. The defendant’s eligibility to be sentenced under § 4214 of this title.

(3) a. A temporary preventive detention order issued by the Justice of the Peace Court under this subsection may be extended by the Court of Common Pleas or the Superior Court on motion of the State, the defendant, or on the court’s own motion when there is a showing of good cause for the extension and consent of the nonmoving parties. In the absence of consent of the nonmoving parties, a temporary preventive detention order may be extended only on a showing that exceptional circumstances exist and that delay is indispensable to the interests of justice.

b. A temporary preventive detention order issued by a judicial officer of the Superior Court under this subsection may be extended by the Superior Court on motion of the State, the defendant, or on the court’s own motion when there is a showing of good cause for the extension and consent of the nonmoving parties. In the absence of consent of the nonmoving parties, a temporary preventive detention order may be extended only on a showing that exceptional circumstances exist and that delay is indispensable to the interests of justice.

(4) If a detention-eligible defendant was previously released pending adjudication and is alleged to have wilfully violated any material condition of release or is subsequently charged by arrest, warrant, indictment, or information with the commission of an offense listed in subsection (b) of this section or any violent felony, any form of release relating to the original detention-eligible offense must be temporarily revoked by the court, including the Justice of the Peace Court, Court of Common Pleas, or Superior Court, before which the defendant is then appearing, a temporary preventive detention order must be entered, and the defendant must be held for the original detention-eligible offense until such time as the Superior Court holds a preventive detention hearing under subsection (e) of this section.

(5) a. If the court makes the findings required in paragraph (d)(1) of this section, there is a presumption in favor of the court’s entry of a temporary preventive detention order.

b. If the court does not make the findings required in paragraph (d)(1) of this section, the offense with which the defendant is charged is deemed bailable and the court shall determine, in a manner consistent with all applicable provisions of this chapter, the terms of a conditions of release bond to be imposed.

(e) Preventive detention hearing. —

(1) a. A temporary preventive detention order issued at an initial appearance under subsection (d) of this section expires after 10 days if not extended by an order granted under paragraph (d)(3) of this section or by an order of the Court of Common Pleas or Superior Court granting preventive detention following a preventive detention hearing with adequate due process protections under subsection (f) of this section.

b. Whether a temporary preventive detention order was issued at an initial appearance or not, on written motion of the State, the Court of Common Pleas or Superior Court may grant an order of preventive detention following a preventive detention hearing with adequate due process protections under subsection (f) of this section.

(2) At a hearing to determine whether the defendant should be subject to preventive detention, the Court of Common Pleas or Superior Court may enter an order of preventive detention if the court finds all of the following:

a. Proof positive or presumption great that the defendant committed 1 of the offenses listed in paragraph (b)(1) of this section.

b. Clear and convincing evidence that no condition or combination of conditions of release will do all of the following:

1. Reasonably assure the appearance of the defendant at court proceedings.

2. Reasonably assure the protection of the community, victims, witnesses, or any other person.

3. Reasonably maintain the integrity of the judicial process, such that the defendant will not obstruct or attempt to obstruct justice.

(f) Preventive detention hearing procedures. —

At a hearing under subsection (e) of this section, all of the following apply:

(1) The defendant has the right to be present and represented by counsel, and, if indigent, to have counsel appointed.

(2) The defendant must be afforded the right to testify, present evidence and call witnesses on the defendant’s behalf, and confront and cross-examine witnesses who appear at the hearing. The defendant’s testimony at a preventive detention hearing, if any, is not admissible at a subsequent hearing or trial other than for impeachment or prosecution for perjury.

(3) The Attorney General bears the burden of establishing commission of an offense with proof positive or presumption great.

(4) If the Court finds by proof positive or presumption great that an offense was committed and the defendant committed the offense, the Attorney General bears the burden of establishing by clear and convincing evidence that no condition or combination of conditions of release will reasonably assure the defendant’s appearance at court proceedings, reasonably assure the protection of the community, victims, witnesses, or any other person, and reasonably maintain the integrity of the judicial process, such that the defendant will not obstruct or attempt to obstruct justice.

(5) The rules of evidence do not apply in the presentation and consideration of information.

(6) a. Subject to paragraph (f)(6)b. of this section, the Attorney General must disclose to the defendant at or before the preventive detention hearing all evidence within the Attorney General’s possession at the time of the preventive detention hearing that is favorable to the defendant in the preventive detention determination in that it negates the defendant’s eligibility for an order of preventive detention.

b. The Attorney General is deemed to not be in possession of any evidence in the possession or control of other Delaware state agents that has not yet been provided to the Attorney General.

(7) The hearing must be held within 10 days of arrest if not extended by the Court of Common Pleas or the Superior Court. An extension may be granted on motion of the State, the defendant, or on the court’s own motion when there is a showing of good cause for the extension and consent of the nonmoving parties. In the absence of consent of the nonmoving parties, the 10-day period may be extended only on a showing that exceptional circumstances exist and that delay is indispensable to the interests of justice.

(8) The hearing must be recorded.

(9) a. If the Court of Common Pleas or Superior Court makes the findings required in paragraph (e)(2) of this section, there is a presumption in favor of the Court’s entry of an order of preventive detention.

b. If the Court of Common Pleas or Superior Court does not make the findings required in paragraph (e)(2) of this section, the offense with which the defendant is charged is deemed bailable and the court shall determine, in a manner consistent with all applicable provisions of this chapter, the terms of a conditions of release bond to be imposed.

(g) Enumerated factors to consider during a preventive detention hearing. —

(1) During a preventive detention hearing to determine whether no condition or combination of conditions will reasonably assure the defendant’s appearance at court proceedings, reasonably assure the protection of the community, victims, witnesses, or any other person, and reasonably maintain the integrity of the judicial process, such that the defendant will not obstruct or attempt to obstruct justice, the Court of Common Pleas or Superior Court may consider all of the following:

a. The nature and circumstances of the offense charged.

b. The weight of the evidence against the defendant and likelihood of conviction. In assessing the likelihood of conviction, the court may consider the admissibility of any evidence sought to be excluded.

c. The history and characteristics of the defendant, including all of the following:

1. Whether, at the time of the current arrest, the defendant was on probation, parole, or other release pending trial, sentencing, appeal, or completion of sentence for an offense under federal law or the law of this State or any other state.

2. The defendant’s history of community supervision including amenability to pretrial conditions of release, failure to appear, failure to register as sex offender violations, custodial sentences imposed, and prior convictions for felonies, misdemeanors, and violent offenses.

3. The defendant’s family ties, including responsibility as a primary caregiver to children or infirm relatives.

4. The defendant’s employment or enrollment in educational studies.

5. The defendant’s character, physical and mental condition, including engagement in medical, mental health, or substance abuse treatment, and the effect detention would have on any current treatment.

6. The defendant’s length of residence in the community.

d. The nature and seriousness of the danger to any other person or the community that would be posed by the defendant’s release.

e. The nature and seriousness of the risk of obstructing or attempting to obstruct the criminal justice process that would be posed by the defendant’s release.

f. The recommendation of the pretrial services agency.

g. The defendant’s eligibility to be sentenced under § 4214 of this title.

(2) Although the charged offense itself may be a predicate to preventive detention proceedings, the court must exercise care not to give preclusive weight to the nature of the present charged offense when evaluating all relevant factors for the preventive detention decision.

(h) Contents of preventive detention order. —

In a preventive detention order issued following a hearing under subsection (e) of this section, the court shall make all of the following findings:

(1) Findings of fact that establish proof positive or presumption great that the defendant committed 1 of the offenses under paragraph (b)(1) of this section.

(2) Findings of fact that establish clear and convincing evidence that no condition or combination of conditions of release will do all of the following:

a. Reasonably assure the appearance of the defendant at court proceedings.

b. Reasonably assure the protection of the community, victims, witnesses, or any other person.

c. Reasonably maintain the integrity of the judicial process, such that the defendant will not obstruct or attempt to obstruct justice.

(i) Detention order review. —

On motion filed by the State or the defendant, an order entered by the Court of Common Pleas or a commissioner of Superior Court granting or denying the detention of a detention-eligible defendant is immediately reviewable by a judge of the Superior Court. The party seeking relief from the order must file a motion in accordance with the rules of the Superior Court.

(j) Requirement for accelerated trial for detained defendants. —

All of the following speedy trial protections apply to defendants detained under subsection (d) or (e) of this section:

(1) A defendant may not remain detained under an order issued under subsection (d) or (e) of this section for more than 60 days before the return of an indictment or docketing of a waiver of indictment. If the defendant is not indicted or has not waived indictment within 60 days of entry of a temporary preventive detention order issued under subsection (d) of this section or a preventive detention order issued under subsection (e) of this section, whichever is later, the offense with which the defendant is charged is deemed bailable and the court shall determine, in a manner consistent with all applicable provisions of this chapter, the terms of a conditions of release bond to be imposed.

(2) a. A defendant may not remain detained under an order issued under subsection (e) of this section for more than the following periods on a charged offense after the return or unsealing of the indictment, whichever is later:

1. Three hundred sixty-five days on a charge of murder in the first degree, in violation of § 636 of this title.

2. Two hundred seventy days for a class A felony other than murder in the first degree.

3. One hundred eighty days for all other felony offenses under paragraph (b)(1) of this title other than murder in the first degree or another class A felony.

b. If a defendant’s trial does not commence within the applicable period under paragraph (j)(2)a. of this section, the offense with which the defendant is charged is deemed bailable and the court shall determine, in a manner consistent with all applicable provisions of this chapter, the terms of a conditions of release bond to be imposed.

(3) Notwithstanding any other provision of this section, a defendant must be released on a conditions of release bond if, 2 years after the court’s issuance of the preventive detention order issued under subsection (e) of this section, the Attorney General is not ready to proceed to voir dire, opening argument, or a hearing of any motions that had been reserved for the time of trial. The terms of any conditions of release bond to be imposed must be determined by the court in a manner consistent with all applicable provisions of this chapter.

(4) If the defendant is charged or indicted on more than 1 matter resulting in the defendant’s preventive detention under an order entered under subsection (e) of this section, the time calculations for each matter run independently but not consecutively.

(5) Notwithstanding any other provision of this section, a preventive detention order issued under subsection (e) of this section may be extended by the Superior Court on motion of the State, the defendant, or on the court’s own motion when there is a showing of good cause for the extension and consent of the nonmoving parties. In the absence of consent of the nonmoving parties, a preventive detention order issued under subsection (e) of this section may be extended by the Superior Court only on a showing that exceptional circumstances exist and that delay is indispensable to the interests of justice.

(k) In addition to the information required in the annual report established in § 2114(i) of this title, the Criminal Justice Council shall include the following information analyzed by the Statistical Analysis Center based on data recorded, compiled, and provided electronically to the Statistical Analysis Center by the courts:

(1) The number of detention-eligible defendants identified by the courts.

(2) Rates of initial detention for detention-eligible defendants identified by the courts.

(3) Demographic information for defendants identified by the courts as detention-eligible.

(4) Rates of rearrest and failure to appear during the pretrial period among detention-eligible defendants identified by the courts and released with detention-eligible charges pending.
11 Del. C. § 8533 — Delaware Code / Title 11 / Chapter 85 / Subchapter II / Section 8533
§ Â
        8533. Law-enforcement reports.
Status: in_force

The law-enforcement agency which has primary jurisdiction in the area from which a missing person complaint has been filed shall prepare, as soon as practicable, a report on the missing person. Such report shall include, but is not limited to, the following:

(1) All information contained in the original complaint;

(2) All information or evidence gathered by the preliminary investigation, if one was made;

(3) A statement, by the law-enforcement officer in charge, setting forth that officer’s assessment of the case, based upon all evidence and information received;

(4) Any additional, supplemental or unusual information which the agency feels may be of importance in locating the missing person.
11 Del. C. § 8302 — Delaware Code / Title 11 / Chapter 83 / Subchapter I / Section 8302
§ Â
        8302. Powers and duties of State Police; local police officers assisting State Police.
Status: in_force

(a) State Police shall have police powers similar to those of constables and other police officers, and shall be conservators of the peace throughout the State, and they shall suppress all acts of violence, and enforce all laws relating to the safety of persons and property. The State Police shall be the primary law-enforcement agency within the State. The State Police shall have exclusive jurisdiction, excluding the incorporated limits of any municipality maintaining an established police department, for police investigations of the following:

(1) Homicide;

(2) Suicide;

(3) All other deaths requiring medical examiner’s investigation;

(4) Kidnapping;

(5) Rape and unlawful sexual intercourse; and

(6) All attempts thereof.

(b) When police officers who are certified by the Delaware Police Officer Standards and Training Commission are acting outside their respective jurisdiction as conservators of the peace in response to a request for assistance from the State Police, those officers shall be considered to be acting as State Police Officers and shall have the powers of arrest thereof.

(c) State Police shall have all powers and jurisdiction to enforce all county noise ordinances duly enacted in the unincorporated areas of Kent County and Sussex County.
11 Del. C. § 477 — Delaware Code / Title 11 / Chapter 4 / Section 477
§ Â
        477. Organized crime; renunciation.
Status: in_force

(a) It is an affirmative defense to a prosecution under § 1503 of this title, that under circumstances manifesting a voluntary and complete renunciation of the criminal objective, the defendant withdrew from the proposed or intended unlawful activity before the commission of an offense set forth in Chapter 15 of this title; and that such person took further affirmative action that, in whole or in part, prevented the commission of the offense.

(b) Renunciation is not “voluntary,” if it is motivated in whole or in part:

(1) By circumstances not present or apparent at the inception of the defendant’s course of conduct that increased the probability of detection or apprehension, or that made more difficult the accomplishment of the objective; or

(2) By a decision to postpone the criminal conduct until another time, or to transfer the criminal act to another (but similar) objective or victim.

(c) Evidence that the defendant withdrew from the unlawful activity before commission of an offense set forth in Chapter 15 of this title, and made substantial effort to prevent the commission of an offense under that chapter, shall be admissible as mitigation at the hearing on punishment if such person has been found guilty; and in the event of a finding of renunciation under this section, the punishment of such person shall be less than that which would otherwise be imposed. The Court shall determine the extent and genuineness of the renunciation, and determine the reduction.
11 Del. C. § 1932 — Delaware Code / Title 11 / Chapter 19 / Subchapter II / Section 1932
§ Â
        1932. Arrest by out-of-state police.
Status: in_force

(a) Any member of a duly organized state, county or municipal peace unit of another state of the United States who enters this State in fresh pursuit, and continues within this State in such fresh pursuit, of a person in order to arrest the person on the ground that the person is believed to have committed a felony, a misdemeanor or a violation of the motor vehicle code in such other state, shall have the same authority to arrest and hold such person in custody, as has any member of any duly organized state, county or municipal peace unit of this State, to arrest and hold in custody a person on the ground that the person is believed to have committed a felony, a misdemeanor or a violation of the Motor Vehicle Code in this State.

(b) This section shall not be construed so as to make unlawful any arrest in this State which would otherwise be lawful.
11 Del. C. § 1231 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1231
§ Â
        1231. Retraction of false statement as affirmative defense.
Status: in_force

In any prosecution for perjury, it is an affirmative defense that the accused retracted the false statement in the course of the proceeding in which it was made, before the false statement substantially affected the proceeding and before it became manifest that its falsity was or would be exposed.
11 Del. C. § 900A — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 900A
§ Â
        900A. Conditional discharge for issuing a bad check as first offense.
Status: in_force

(a) Whenever any person who has not previously been convicted of issuing or passing a bad check under § 900 of this title or under any statute of the United States or of any state relating to the issuing or passing of bad checks pleads guilty to issuing or passing a bad check in violation of § 900 of this title in an amount under $1,500 at the time of arraignment, the court without entering a judgment of guilt and with the consent of the accused may defer further proceedings and place the accused on probation upon terms and conditions, which terms and conditions shall include payment of full restitution in the amount of the check plus any reasonable service fee in connection therewith to the victim of the offense and payment to the State of any court costs associated with the offense. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided.

(b) Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against the person and shall simultaneously with said discharge and dismissal submit to the State Bureau of Identification pursuant to Chapter 85 of this title the disposition specifying the name of the person and the nature of the proceedings which dispositional information shall be retained by the State Bureau of Identification in accordance with its standard operating procedures.

(c) Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. There may be only 1 discharge and dismissal under this section with respect to any person and no person who is charged with multiple violations of § 900 of this title is eligible for treatment as a first offender under this section.
11 Del. C. § 1248 — Delaware Code / Title 11 / Chapter 5 / Subchapter VI / Section 1248
§ Â
        1248. Obstructing the control and suppression of rabies.
Status: in_force

(a) A person is guilty of obstructing the control and suppression of rabies when the person violates any lawful order of authorized state employees, or their agents, in the enforcement of laws to control and suppress rabies, pursuant to Chapter 82 of Title 3, or prevents or dissuades another person from complying with such orders.

(b) Obstructing the control and suppression of rabies is a Class B misdemeanor. However, obstructing the control and suppression of rabies in a place and at a time when a state of emergency with respect to rabies has been declared pursuant to § 8211 of Title 3 is a class E felony.
11 Del. C. § 8820 — Delaware Code / Title 11 / Chapter 88 / Section 8820
§ Â
        8820. Amount of duty-connected disability pension.
Status: in_force

(a) The duty-connected total disability pension shall by 75% of final average compensation plus 10% of final average compensation for each dependent during the period of dependency, not to exceed a total of 25% of final average compensation for all dependents.

(b) The duty-connected partial disability pension shall be computed in the same manner as the service pension based on credited service accrued to the date of disability, subject to a minimum of 50% of final average compensation.

(c) Medical costs made necessary by reason of duty-connected disability which are in excess of those amounts paid by any health care coverage or worker’s compensation shall be paid by the Fund. Payments under this subsection will be paid upon the filing of a claim in a form prescribed by the Board.
11 Del. C. § 4110 — Delaware Code / Title 11 / Chapter 41 / Subchapter II / Section 4110
§ Â
        4110. Purpose; created.
Status: in_force

The General Assembly hereby declares that in order to provide funds to enhance the suppression, investigation and prosecution of criminal activity, promote officer safety, facilitate the training of law-enforcement personnel, further public safety, public education, and community awareness and improve victim services, it is necessary to establish a fund for the use of law-enforcement agencies in the State. This special fund is hereby created and shall be known as the “Special Law Enforcement Assistance Fund.”
11 Del. C. § 907C — Delaware Code / Title 11 / Chapter 5 / Subchapter III / Section 907C
§ Â
        907C. Impersonation as a member or veteran of the United States Armed Forces, class A misdemeanor.
Status: in_force

(a) A person is guilty of criminal impersonation of a member or veteran of the United States Armed Forces when that person intentionally, and without lawful authority, impersonates or otherwise holds oneself out to be a veteran or member of the United States Armed Forces or to hold oneself out to have an unearned rank in the United States Armed Forces with the purpose of obtaining money, property, or other tangible benefit.

(b) Any person found guilty of criminal impersonation of a member or veteran of the United States Armed Forces shall be guilty of a class A misdemeanor and receive a minimum fine of not less than $1000, which shall not be subject to suspension.
11 Del. C. § 607A — Delaware Code / Title 11 / Chapter 5 / Subchapter II / Section 607A
§ Â
        607A. Aggravated strangulation; penalty; defenses.
Status: in_force

(a) As used in this section:

(1) “Chokehold” means of any of the following:

a. A technique intended to restrict another person’s airway, or prevent or restrict the breathing of another person.

b. A technique intended to constrict the flow of blood by applying pressure or force to the carotid artery, the jugular vein, or the side of the neck of another person.

(2) “Law-enforcement officer” means as defined in § 222 of this title.

(b) A person commits the offense of aggravated strangulation if all of the following conditions are satisfied:

(1) The person is a law-enforcement officer.

(2) The person knowingly or intentionally uses a chokehold on another person.

(3) The person is acting within the person’s official capacity as a law-enforcement officer.

(c) Notwithstanding §§ 462-468 of this title to the contrary, the use of a chokehold is only justifiable when the person reasonably believes that the use of deadly force is necessary to protect the life of a civilian or a law-enforcement officer.

(d) Except as provided in paragraph (e) of this section, aggravated strangulation is a class D felony.

(e) Aggravated strangulation is a class C felony if the person caused serious physical injury or death to the other person while committing the offense.

(f) A charge under this section does not limit or preclude any other charge being brought against the person.