reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 35. WITNESSES AND EVIDENCE › Subchapter II. Uniform Law to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings › § 3524. Immunity from arrest and service of process.

§ 3524. Immunity from arrest and service of process.
(a) If a person comes into this State in obedience to a summons directing the person to attend and testify in this State the person shall not, while in this State pursuant to such summons, be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before the person's entrance into this State under the summons.
(b) If a person passes through this State while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, the person shall not while so passing through this State be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before the person's entrance into this State under the summons.
41 Del. Laws, c. 214, §  4;  11 Del. C. 1953, §  3524;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 35. WITNESSES AND EVIDENCE › Subchapter II. Uniform Law to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings › § 3525. Uniformity of interpretation.

§ 3525. Uniformity of interpretation.
This subchapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.
41 Del. Laws, c. 214, §  5;  11 Del. C. 1953, §  3525;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 35. WITNESSES AND EVIDENCE › Subchapter II. Uniform Law to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings › § 3526. Short title.

§ 3526. Short title.
This subchapter may be cited as “Uniform Law to Secure the Attendance of Witnesses From Without a State in Criminal Proceedings.”
41 Del. Laws, c. 214, §  6;  11 Del. C. 1953, §  3526;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 35. WITNESSES AND EVIDENCE › Subchapter III. Intimidation of Witnesses and Victims › § 3531. Definitions.

§ 3531. Definitions.
The following words, terms and phrases, when used in this subchapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) “Malice” shall mean an intent to vex, annoy, harm or injure in any way another person, or to thwart or interfere in any manner with the orderly administration of justice.
(2) “Victim” shall mean any natural person against whom any crime (as defined under the laws of this State, of any other state or of the United States) has been attempted, is being perpetrated or has been perpetrated.
(3) “Witness” shall mean any natural person:
a. Having knowledge of the existence or nonexistence of facts relating to any crime; or
b. Whose declaration under oath is received, or has been received, as evidence for any purpose; or
c. Who has reported any crime to any peace officer, prosecuting agency, law-enforcement officer, probation officer, parole officer, correctional officer or judicial officer; or
d. Who has been served with a subpoena issued under the authority of any court of this State, of any other state or of the United States; or
e. Who would be believed by any reasonable person to be an individual described in any paragraph of this subparagraph of this paragraph.
63 Del. Laws, c. 275, §  3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 35. WITNESSES AND EVIDENCE › Subchapter III. Intimidation of Witnesses and Victims › § 3532. Act of intimidation; class D felony.

§ 3532. Act of intimidation; class D felony.
Except as provided in § 3533 of this title, every person who knowingly and with malice prevents or dissuades (or who attempts to prevent or dissuade) any witness or victim from attending or giving testimony at any trial, proceeding or inquiry authorized by law is committing an act of intimidation and is guilty of a class D felony. A person who knowingly and with malice retaliates against any victim or witness who has attended or given testimony at any trial proceeding or inquiry authorized by law by committing any crime as defined by the laws of this State against such victim or witness is committing an act of intimidation and is guilty of a class D felony. A person who knowingly and with malice attempts to prevent another person who has been the victim of a crime, or a witness to a crime (or any person acting on behalf of a victim or witness) from:
(1) Making any report of such crime or victimization to any peace officer, law-enforcement officer, prosecuting agency, probation officer, parole officer, correctional officer or judicial officer;
(2) Causing a complaint, indictment, information, probation or parole violation to be sought or prosecuted, or from assisting in the prosecution thereof; or
(3) Arresting, causing or seeking the arrest of any person in connection with such crime or victimization;
Is guilty of a class D felony.
63 Del. Laws, c. 275, §  3;  71 Del. Laws, c. 430, §  1;  79 Del. Laws, c. 237, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 35. WITNESSES AND EVIDENCE › Subchapter III. Intimidation of Witnesses and Victims › § 3533. Aggravated act of intimidation; class B felony.

§ 3533. Aggravated act of intimidation; class B felony.
Every person doing any of the acts set forth in § 3532 of this title, knowingly and with malice under 1 or more of the following circumstances, shall be guilty of a class B felony if, in addition, such act:
(1) Is accompanied by an express or implied threat of force or violence, upon a victim, a witness or any third person (or upon the property of a victim, witness or third person);
(2) Is in furtherance of a conspiracy;
(3) Is committed by any person who has been convicted of any violation of this subchapter, any predecessor law hereto, the statute of any other state or any federal statute which would be a violation of this subchapter if committed in this State; or
(4) Committed, for pecuniary gain or for any other consideration, by any person acting upon the request of another person.
63 Del. Laws, c. 275, §  3;  79 Del. Laws, c. 237, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 35. WITNESSES AND EVIDENCE › Subchapter III. Intimidation of Witnesses and Victims › § 3534. Attempt to intimidate.

§ 3534. Attempt to intimidate.
Every person attempting the commission of any act described in §§ 3532 and 3533 of this title is guilty of the offense attempted, without regard to the success or failure of such attempt. The fact that no person was actually physically injured, or actually intimidated, shall be no defense against any prosecution under this subchapter.
63 Del. Laws, c. 275, §  3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 35. WITNESSES AND EVIDENCE › Subchapter III. Intimidation of Witnesses and Victims › § 3535. Protective orders — Issuance.

§ 3535. Protective orders — Issuance.
Any court with jurisdiction over any criminal matter may in its discretion and upon good cause (which may include, but is not limited to, such matters as credible hearsay, the declaration of the prosecutor or the declaration of the defense attorney) find that intimidation or dissuasion of a victim or witness has occurred (or is reasonably likely to occur) and may issue orders including, but not limited to, the following:
(1) An order that a defendant not violate any provision of this subchapter;
(2) An order that a person before the court other than a defendant (including, but not limited to, a subpoenaed witness) not violate any provision of this subchapter;
(3) An order that a designated person maintain a prescribed geographic distance from any other person specified by the court;
(4) An order that any designated person have no communication whatsoever with any person specified by the court, except through an attorney, and under such reasonable restrictions as the court may impose;
(5) An order for a hearing to determine if any order under this section should be issued;
(6) An order that a particular law-enforcement agency within the jurisdiction of the court provide protection for a person specified by the court.
63 Del. Laws, c. 275, §  3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 35. WITNESSES AND EVIDENCE › Subchapter III. Intimidation of Witnesses and Victims › § 3536. Protective orders — Violations.

§ 3536. Protective orders — Violations.
(a) A person who violates an order made pursuant to this subchapter may be punished for any substantive offense set forth in this subchapter.
(b) A person who violates an order made pursuant to this subchapter may be punished as a contempt of the court making such order. No finding of contempt shall be a bar to prosecution for a substantive offense under this subchapter, but:
(1) Any person so held in contempt shall be entitled to credit for any punishment imposed therein, against any sentence imposed upon conviction for that offense; and
(2) Any conviction or acquittal for any substantive offense under this subchapter shall be a bar to subsequent punishment for contempt arising out of the same act.
(c) A person who violates an order made pursuant to this subchapter may be punished by revocation of any form of pretrial release, by the forfeiture of bail and/or by the issuance of a bench warrant which requires the defendant's arrest or which remands the defendant into custody. Said revocation may, after a hearing, and upon a showing by a clear and convincing evidence in the sound discretion of the court, be made either where the violation complained of has been committed by the defendant personally, or has in any way been caused indirectly or through the encouragement of the defendant.
63 Del. Laws, c. 275, §  3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 35. WITNESSES AND EVIDENCE › Subchapter III. Intimidation of Witnesses and Victims › § 3537. Pretrial release.

§ 3537. Pretrial release.
(a) Any pretrial release of any defendant (whether on bail or under any other form of recognizance) shall be deemed, as a matter of law, to include a condition that the defendant neither do, nor cause to be done, nor knowingly permit to be done on the defendant's behalf, any act proscribed by this subchapter hereof and any wilful violation of said condition is subject to sanction as prescribed in § 3536 of this title whether or not the defendant was the subject of an order under § 3535 of this title.
(b) From and after June 22, 1982, any receipt or any bail or bond given by the clerk of any court, by any surety or bondsperson and/or any other form of conditional release shall contain, in a conspicuous location, notice that such bail bond, or other release, is conditioned upon strict adherence to the requirements and prohibitions of this subchapter.
63 Del. Laws, c. 275, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 39. SENTENCE, JUDGMENT, EXECUTION AND MANDATORY TESTING › Subchapter I. Sentence, Judgment and Execution › § 3903. Delivery of copy of sentence to warden.

§ 3903. Delivery of copy of sentence to warden.
The Prothonotary shall deliver to the warden of the workhouse or jail in which the convicted person is to be confined a duly certified copy of the sentence in every criminal case.
Code 1852, §  2930;  Code 1915, §  4812;  40 Del. Laws, c. 226, §  5;  Code 1935, §  5300;  11 Del. C. 1953, §  3904;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 39. SENTENCE, JUDGMENT, EXECUTION AND MANDATORY TESTING › Subchapter I. Sentence, Judgment and Execution › § 3905. Instructions on separate issues of guilt and insanity; instructions on verdicts.

§ 3905. Instructions on separate issues of guilt and insanity; instructions on verdicts.
At the conclusion of a trial under this title, where warranted by the evidence, the charge to the jury shall contain instructions that shall consider separately the issues of guilt and the presence or absence of insanity, and shall also contain instructions as to the verdicts of “guilty;” “guilty, but mentally ill;” “not guilty by reason of insanity;” and “not guilty” with regard to the offense or offenses charged and, as required by law, any lesser included offenses.
63 Del. Laws, c. 328, §  3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 39. SENTENCE, JUDGMENT, EXECUTION AND MANDATORY TESTING › Subchapter I. Sentence, Judgment and Execution › § 3906. Domestic violence offenses.

§ 3906. Domestic violence offenses.
The sentence for a second conviction for any crime or attempt to commit any crime hereinafter specifically named when such crime is committed by a member of the victim's family as defined by § 901(12) of Title 10, regardless of the state of residence of the parties; by a former spouse of the victim; by a person who cohabited with the victim at the time of the offense; or by a person with a child in common with the victim shall include completion of a psychocial assessment. Such crimes shall be:
(1) Any offense set forth in subchapter II of Chapter 5 of this title;
(2) Any offense set forth in subparts A and B of subchapter III of Chapter 5 of this title;
(3) Any offense set forth in subpart A of subchapter V of Chapter 5 of this title;
(4) Any offense set forth in § 1301, § 1311, § 1312 or § 1312A [transferred to § 1312] of this title, administered by any agency or batterer's intervention treatment provider certified by the Domestic Violence Coordinating Council, and adherence to all recommendations made in the completed assessment. The court shall impose any other appropriate legal sanction, including fines or incarceration, along with the required completion of the assessment.
Nothing in this section shall be construed to preclude a court from mandating this treatment in any first offense situation.
72 Del. Laws, c. 62, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 39. SENTENCE, JUDGMENT, EXECUTION AND MANDATORY TESTING › Subchapter II. Voluntary and Mandatory Testing of Offenders Charged with Certain Sex Crimes › § 3910. Definitions.

§ 3910. Definitions.
For purposes of this subchapter, the following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
“Human immunodeficiency virus test” means a test or tests of an individual for presence of human immunodeficiency virus, or for antibodies or antigens that result from human immunodeficiency virus infection, or for any other substance specifically indicating human immunodeficiency virus infection, and includes preliminary screening tests.
69 Del. Laws, c. 231, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 39. SENTENCE, JUDGMENT, EXECUTION AND MANDATORY TESTING › Subchapter II. Voluntary and Mandatory Testing of Offenders Charged with Certain Sex Crimes › § 3911. Human immunodeficiency virus (HIV) testing at the request of the victim.

§ 3911. Human immunodeficiency virus (HIV) testing at the request of the victim.
At the request of the victim and/or by order of the court, a defendant who has been arrested for a crime which has sexual intercourse, deviant sexual intercourse, or sexual contact as an element must submit to testing for HIV not later than 48 hours after the victim has requested, and/or the court has ordered, such testing.
69 Del. Laws, c. 231, §  1;  76 Del. Laws, c. 365, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 39. SENTENCE, JUDGMENT, EXECUTION AND MANDATORY TESTING › Subchapter II. Voluntary and Mandatory Testing of Offenders Charged with Certain Sex Crimes › § 3912. Test result not a public record.

§ 3912. Test result not a public record.
The result of any human immunodeficiency virus test conducted pursuant to this subchapter shall not be a public record for purposes of Chapter 100 of Title 29.
69 Del. Laws, c. 231, §  1;  76 Del. Laws, c. 365, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 39. SENTENCE, JUDGMENT, EXECUTION AND MANDATORY TESTING › Subchapter II. Voluntary and Mandatory Testing of Offenders Charged with Certain Sex Crimes › § 3913. Test results; notification to Department of Correction; counseling; cost; notice of appeal not to automatically stay order for HIV testing.

§ 3913. Test results; notification to Department of Correction; counseling; cost; notice of appeal not to automatically stay order for HIV testing.
(a) The result of any human immunodeficiency virus testing conducted pursuant to this subchapter shall only be made available by the Division of Public Health to the victim, or the parent or guardian of the victim who is a minor or has an intellectual disability or a mental incapacity, the defendant, the court issuing the order for testing, and any other person or agency pursuant to Chapters 12 and 12A of Title 16.
(b) In addition, the Division of Public Health shall provide to the Department of Correction the result of any human immunodeficiency virus test conducted pursuant to this subchapter which indicates that the defendant is infected with the human immunodeficiency virus. The Department of Correction shall use this information solely for the purpose of providing medical treatment to the defendant while incarcerated in any correctional institution.
(c) If the human immunodeficiency virus test indicates the presence of human immunodeficiency virus infection, the Division of Public Health shall provide counseling to the victim and the defendant regarding human immunodeficiency virus disease, and referral for appropriate health-care and support services.
(d) The cost of testing under this subchapter shall be paid by the defendant tested, unless the court has determined that the defendant is an indigent person.
(e) Filing of a notice of appeal shall not automatically stay an order that the defendant submit to a human immunodeficiency virus test.
(f) A defendant must submit to follow-up tests for HIV as may be medically appropriate.
69 Del. Laws, c. 231, §  1;  76 Del. Laws, c. 365, §§  2, 3;  78 Del. Laws, c. 224, §  18;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 39. SENTENCE, JUDGMENT, EXECUTION AND MANDATORY TESTING › Subchapter III. Mandatory Testing of Offenders Charged With Assault or Related Offenses Against Law-Enforcement Officers › § 3915. Scope.

§ 3915. Scope.
A person who is charged with any criminal offense in which it is alleged that the person interfered with the official duties of a law-enforcement officer by biting, scratching, spitting or transferring blood or other bodily fluids on or through the skin or membranes of a law-enforcement officer is subject to a court order requiring testing for the human immunodeficiency virus, any antibody to human immunodeficiency virus or hepatitis.
72 Del. Laws, c. 22, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 39. SENTENCE, JUDGMENT, EXECUTION AND MANDATORY TESTING › Subchapter III. Mandatory Testing of Offenders Charged With Assault or Related Offenses Against Law-Enforcement Officers › § 3916. Petition and hearing.

§ 3916. Petition and hearing.
(a) The law-enforcement officer or the employing agency or entity may petition the Superior Court for an order authorizing testing for the human immunodeficiency virus, any antibody to human immunodeficiency virus, or hepatitis. The Superior Court shall hear the petition promptly.
(b) If the Court finds that probable cause exists to believe that a possible transfer of blood or other bodily fluid occurred between the person charged and the law-enforcement officer, the Court shall order that the person charged provide 2 specimens of blood for testing.
72 Del. Laws, c. 22, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 39. SENTENCE, JUDGMENT, EXECUTION AND MANDATORY TESTING › Subchapter III. Mandatory Testing of Offenders Charged With Assault or Related Offenses Against Law-Enforcement Officers › § 3917. Notice provided.

§ 3917. Notice provided.
(a) Notice of the test results shall be provided as prescribed by the Division of Public Health to the person tested, as well as to the law-enforcement officer named in the petition and to the officer's employing agency or entity, who shall otherwise maintain the confidentiality of that information.
(b) The result of any test conducted pursuant to this subchapter shall not be a public record for purposes of Chapter 100 of Title 29.
72 Del. Laws, c. 22, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 39. SENTENCE, JUDGMENT, EXECUTION AND MANDATORY TESTING › Subchapter III. Mandatory Testing of Offenders Charged With Assault or Related Offenses Against Law-Enforcement Officers › § 3918. Positive results; counseling; costs.

§ 3918. Positive results; counseling; costs.
(a) If the test indicates the presence of human immunodeficiency virus infection, the Division of Public Health shall provide counseling to the law-enforcement officer and the person charged with the criminal offense regarding human immunodeficiency virus disease, and referral for appropriate health care and support services.
(b) The cost of testing under this subchapter shall be paid by the person tested, unless the court has determined that person is indigent.
72 Del. Laws, c. 22, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 41. FINES, COSTS, PENALTIES AND FORFEITURES › Subchapter I. General Provisions › § 4102. Payment of costs upon acquittal.

§ 4102. Payment of costs upon acquittal.
(a) If, upon indictment or information, the defendant is acquitted, the costs shall be paid by the county.
(b) In cases of surety of the peace (which are herein deemed to be cases of a criminal nature) the court may order that the costs shall be paid by the defendant or by the prosecutor or by the county, as it deems just.
Code 1852, §§  2942, 2943;  20 Del. Laws, c. 596;  Code 1915, §  4817;  Code 1935, §  5305;  11 Del. C. 1953, §  4102;  63 Del. Laws, c. 140, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 41. FINES, COSTS, PENALTIES AND FORFEITURES › Subchapter I. General Provisions › § 4103. Refund of fines upon reversal of conviction.

§ 4103. Refund of fines upon reversal of conviction.
(a) The State Treasurer shall remit to each person, or to the attorney of such person, who has paid a fine upon a conviction which was later set aside by a court of higher jurisdiction upon a certiorari or appeal from the lower court.
(b) The State Treasurer shall pay the refund upon proper voucher drawn by the person, or by the attorney of such person, upon whom the fine was originally imposed when the voucher is accompanied by a certificate of the Prothonotary of any of the several counties showing that the conviction of the lower court upon which the fine was imposed has been set aside by a higher court.
(c) The State Treasurer shall remit the amount of any fine or costs to each person, or the attorney of such person, who has paid a fine upon conviction before a justice of the peace, which conviction was later set aside by the same Justice of the Peace Court. The State Treasurer shall pay such refund upon proper voucher drawn by such person, or by the attorney of such person, upon whom the fine was originally imposed when the voucher is accompanied by a certified copy of the docket entries of the case in the Justice of the Peace Court showing the setting aside of the conviction, together with the certificate of the Clerk of the Justice of the Peace Court, verifying the final disposition of the case, and stating that the remittance of the fine or costs to such person is proper.
(d) The State Treasurer shall remit the amount of any fine or costs to each person, or the attorney of such person, who has paid a fine upon conviction in the Court of Common Pleas, which conviction was later set aside by the Court of Common Pleas. The State Treasurer shall pay such refund upon proper voucher drawn by such person, or by the attorney of such person, upon whom the fine was originally imposed when the voucher is accompanied by a certified copy of the docket entries of the case in the Court of Common Pleas showing the setting aside of the conviction together with the certificate of the Clerk of the Court of Common Pleas verifying the final disposition of the case and stating that the remittance of the fine or costs to such person is proper.
48 Del. Laws, c. 278, §§  1, 2;  11 Del. C. 1953, §  4104;  56 Del. Laws, c. 394;  58 Del. Laws, c. 210;  63 Del. Laws, c. 140, §  1;  78 Del. Laws, c. 243, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 41. FINES, COSTS, PENALTIES AND FORFEITURES › Subchapter I. General Provisions › § 4107. Annual report.

§ 4107. Annual report.
(a) The Administrative Office of the Courts shall prepare an annual report by February 15 on behalf of the Superior Court, the Family Court, the Court of Common Pleas, the Justice of the Peace Court, and the Office of State Courts Collection Enforcement.
(b) The report under subsection (a) of this section must include information on the following:
(1) Amount of each of the following collected by the Judiciary:
a. Fines.
b. Fees and costs.
c. Assessments.
d. Restitution.
(2) Amount of fines, fees, costs, or assessments retained by the Judiciary and as a percentage of the Judiciary's budget.
(3) Amount of fines, fees, costs, assessments, or restitution distributed to the State, a municipality, or a statutorily-created fund.
(c) The report under subsection (a) of this section must be publicly available on the Administrative Office of the Courts' website or published as part of the Judiciary's annual report.
(d) The Delaware Criminal Justice Information System shall prepare an annual report by February 15 detailing the amount of fines, fees, costs, and assessments collected by entities other than the Judiciary. The report must be publicly available on the Delaware Criminal Justice Information System's website.
(e) The reports by the Administrative Office of the Courts and the Delaware Criminal Justice Information System must be submitted to the President Pro Tempore of the Senate and the Speaker of the House of Representatives, with copies to all members of the General Assembly, the Governor, the Chief Justice, the Attorney General, the Chief Defender, the Director and the Librarian of the Division of Research of Legislative Council, and the Delaware Public Archives.
83 Del. Laws, c. 441, § 8;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 41. FINES, COSTS, PENALTIES AND FORFEITURES › Subchapter II. Special Law Enforcement Assistance Fund › § 4110. Purpose; created.

§ 4110. Purpose; created.
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.”
63 Del. Laws, c. 140, §  1;  79 Del. Laws, c. 107, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 41. FINES, COSTS, PENALTIES AND FORFEITURES › Subchapter II. Special Law Enforcement Assistance Fund › § 4111. Use.

§ 4111. Use.
(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.]
63 Del. Laws, c. 140, §  1;  77 Del. Laws, c. 176, §  1;  79 Del. Laws, c. 107, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 41. FINES, COSTS, PENALTIES AND FORFEITURES › Subchapter II. Special Law Enforcement Assistance Fund › § 4112. Source of funds.

§ 4112. Source of funds.
(a) Upon the forfeiture of any money in a criminal case in any court of this State, the same shall be paid over to the Prothonotary or clerk of the court, as the case may be, who shall collect the same and transmit it to the State Treasurer to be held as special funds for the purposes referred to in §§ 4110 and 4111 of this title. The Special Law Enforcement Assistance Fund shall not include fines, court costs or restitution ordered by the court in any criminal case, nor shall it include bail forfeitures. It shall, however, include any money or the proceeds obtained from the sale or other disposition of any property which is forfeited to the State by determination of the court that the property was:
(1) Used for criminal purposes; or
(2) Obtained as the fruits of a criminal enterprise.
(b) Upon the signing of any forfeiture order pursuant to this section, the clerk of the court or the Prothonotary in which the order was signed shall transmit a copy of said order to the State Treasurer. If the forfeited money is not in the possession of the court clerk or Prothonotary, the money shall be transmitted to the State Treasurer, for deposit into the Special Law Enforcement Assistance Fund directly by the law-enforcement agency which is in possession of the money.
63 Del. Laws, c. 140, §  1;  63 Del. Laws, c. 356, §  1;  67 Del. Laws, c. 260, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 41. FINES, COSTS, PENALTIES AND FORFEITURES › Subchapter II. Special Law Enforcement Assistance Fund › § 4114. Accounting of funds; permissible types of investigative activities.

§ 4114. Accounting of funds; permissible types of investigative activities.
(a) Each agency receiving funding from the Special Law Enforcement Assistance Fund during any fiscal year shall render on or before June 30 of each year a full and complete accounting for the use of such funds to the Attorney General, who shall attain such accountings for inspection by the State Auditor. Any funding received from the Special Law Enforcement Assistance Fund during any fiscal year that remains in the hands of any agency at the end of the fiscal year and that has not been earmarked for or allocated to expenditures that were authorized under this subchapter prior to the end of the fiscal year must be returned by the agency to the Special Law Enforcement Assistance Fund unless the agency has requested and received an authorization in writing for an extension of up to 120 days by the Attorney General.
(b) [Repealed.]
63 Del. Laws, c. 140, §  1;  74 Del. Laws, c. 57, §  2;  78 Del. Laws, c. 28, §  1;  79 Del. Laws, c. 107, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 41. FINES, COSTS, PENALTIES AND FORFEITURES › Subchapter II. Special Law Enforcement Assistance Fund › § 4115. Review [For application of this section, see 80 Del. Laws, c. 281, §  3].

§ 4115. Review [For application of this section, see 80 Del. Laws, c. 281, §  3].
Any agency receiving funds from the Special Law Enforcement Assistance Fund shall, on or before July 15, submit a detailed and complete accounting of the disbursement for all such funds from the prior fiscal year to the Auditor of Accounts and the Attorney General. The Auditor and Attorney General shall review said accounting and shall maintain them. The Attorney General shall submit on or before October 1 of each year a report to the Chairperson and Vice-Chairperson of the Joint Finance Committee summarizing the expenditures from this Fund during the preceding fiscal year.
63 Del. Laws, c. 140, §  1;  80 Del. Laws, c. 281, § 2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 41. FINES, COSTS, PENALTIES AND FORFEITURES › Subchapter II. Special Law Enforcement Assistance Fund › § 4116. Excess funds.

§ 4116. Excess funds.
If at any time the amount of funds segregated in the Special Law Enforcement Assistance Fund exceeds $500,000, the excess shall be deposited in the General Fund.
63 Del. Laws, c. 140, §  1;  74 Del. Laws, c. 111, §  33;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 42. CLASSIFICATION OF OFFENSES; SENTENCES › § 4202. Classification of misdemeanors.

§ 4202. Classification of misdemeanors.
(a) Misdemeanors are classified for the purpose of sentence into 2 categories:
(1) Class A misdemeanors;
(2) Class B misdemeanors.
(b) Any offense defined by statute which is not specifically designated a felony, a class A misdemeanor, a class B misdemeanor or a violation shall be an unclassified misdemeanor or an environmental misdemeanor or environmental violation.
67 Del. Laws, c. 130, §  6;  70 Del. Laws, c. 436, §  10;  79 Del. Laws, c. 421, §  13;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 42. CLASSIFICATION OF OFFENSES; SENTENCES › § 4203. Violations.

§ 4203. Violations.
There shall be a class of offenses denominated violations. No offense is a violation unless expressly declared to be a violation in this Criminal Code or in the statute defining the offense.
11 Del. C. 1953, §  4203;  58 Del. Laws, c. 497, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 42. CLASSIFICATION OF OFFENSES; SENTENCES › § 4205. Sentence for felonies.

§ 4205. Sentence for felonies.
(a) A sentence of incarceration for a felony shall be a definite sentence.
(b) The term of incarceration which the court may impose for a felony is fixed as follows:
(1) For a class A felony not less than 15 years up to life imprisonment to be served at Level V except for conviction of first degree murder in which event § 4209 of this title shall apply.
(2) For a class B felony not less than 2 years up to 25 years to be served at Level V.
(3) For a class C felony up to 15 years to be served at Level V.
(4) For a class D felony up to 8 years to be served at Level V.
(5) For a class E felony up to 5 years to be served at Level V.
(6) For a class F felony up to 3 years to be served at Level V.
(7) For a class G felony up to 2 years to be served at Level V.
(c) In the case of the conviction of any felony, the court shall impose a sentence of Level V incarceration where a minimum sentence is required by subsection (b) of this section and may impose a sentence of Level V incarceration up to the maximum stated in subsection (b) of this section for each class of felony.
(d) Where a minimum, mandatory, mandatory minimum or minimum mandatory sentence is required by subsection (b) of this section, such sentence shall not be subject to suspension by the court.
(e) Where no minimum sentence is required by subsection (b) of this section, or with regard to any sentence in excess of the minimum required sentence, the court may suspend that part of the sentence for probation or any other punishment set forth in § 4204 of this title.
(f) Any term of Level V incarceration imposed under this section must be served in its entirety at Level V, reduced only for earned “good time” as set forth in § 4381 of this title.
(g) No term of Level V incarceration imposed under this section shall be served in other than a full custodial Level V institutional setting unless such term is suspended by the court for such other level sanction.
(h) The Department of Correction, the remainder of this section notwithstanding, may house Level V inmates at a Level IV work release center or halfway house during the last 180 days of their sentence; provided, however, that the first 5 days of any sentence to Level V, not suspended by the court, must be served at Level V.
(i) The Department of Correction, the remainder of this section notwithstanding, may grant Level V inmates 48-hour furloughs during the last 120 days of their sentence to assist in their adjustment to the community.
(j) No sentence to Level V incarceration imposed pursuant to this section is subject to parole.
(k) In addition to the penalties set forth above, the court may impose such fines and penalties as it deems appropriate.
(l) In all sentences for less than 1 year the court may order that more than 5 days be served in Level V custodial setting before the Department may place the offender in Level IV custody.
67 Del. Laws, c. 130, §  6;  67 Del. Laws, c. 260, §  1;  71 Del. Laws, c. 98, §  6;  74 Del. Laws, c. 106, §§  9, 10;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 42. CLASSIFICATION OF OFFENSES; SENTENCES › § 4205A. Additional penalty for serious sex offenders or pedophile offenders.

§ 4205A. Additional penalty for serious sex offenders or pedophile offenders.
(a) Notwithstanding any provision of this chapter or any other laws to the contrary, the Superior Court, upon the State's application, shall sentence a defendant convicted of any crime set forth in § 771(a)(2), § 772, § 773, § 776, § 777, § 777A, § 778(1) or (2) of this title to not less than 25 years up to life imprisonment to be served at Level V if 1 of the following apply:
(1) The defendant has previously been convicted or adjudicated delinquent of any sex offense set forth in this title and classified as a class A or B felony, or any similar offense under the laws of another state, the United States or any territory of the United States.
(2) The victim of the instant offense is a child less than 14 years of age.
(b) [Repealed.]
(c) Notwithstanding any provision of this chapter or any other laws to the contrary, the Superior Court, upon the State's application, shall sentence a defendant convicted of any crime set forth in subsection (a) of this section to an additional 5 years to be served at Level V for any sentence imposed under subsection (a) of this section if the victim of the crime set forth in subsection (a) of this section is a child less than 7 years of age.
(d) (1) Notwithstanding any provision of this chapter or any other laws to the contrary, the Superior Court, upon the State's application, shall sentence a defendant convicted of any crime set forth in § 769 or § 783(4) of this title to not less than 5 years to be served at Level V if the victim of the crime is a child less than 7 years of age.
(2) Notwithstanding any provision of this chapter or any other laws to the contrary, the Superior Court, upon the State's application, shall sentence a defendant convicted of a crime set forth in § 783A(4) of this title to not less than 10 years to be served at Level V if the victim of the crime is a child less than 7 years of age.
75 Del. Laws, c. 438, §  1;  77 Del. Laws, c. 318, §  14;  80 Del. Laws, c. 26, §  3;  80 Del. Laws, c. 349, § 1;  81 Del. Laws, c. 297, § 1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 42. CLASSIFICATION OF OFFENSES; SENTENCES › § 4207. Sentences for violations.

§ 4207. Sentences for violations.
(a) The Court may impose a fine of up to $345 for the first offense of any violation, up to $690 for the second offense of that same violation and up to $1,150 for the third offense of the same violation; provided, that only violations which occurred within 5 years of the violation for which sentence is imposed shall be considered in determining sentence.
(b) The Court may impose a period of Level I probation up to 1 year for any violation.
67 Del. Laws, c. 130, §  6;  67 Del. Laws, c. 260, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 42. CLASSIFICATION OF OFFENSES; SENTENCES › § 4208. Fines for organizations.

§ 4208. Fines for organizations.
A sentence to pay a fine, when imposed on an organization, shall be the amount specified in the law setting forth the offense if a penalty is specified in that law, or, if there is no specific penalty defined in the law setting forth the offense, a sentence to pay a fine when imposed on an organization shall be as follows:
(1) For a felony or a misdemeanor resulting in death or serious physical injury, such fine as the court deems reasonable and appropriate;
(2) For a felony that does not result in death or serious physical injury, not more than $500,000;
(3) For a class A misdemeanor that results in physical injury, not more than $250,000;
(4) For a class A misdemeanor that does not result in physical injury, not more than $100,000;
(5) For a class B misdemeanor, class C or unclassified misdemeanor that results in physical injury, not more than $75,000;
(6) For a class B misdemeanor, class C or unclassified misdemeanor that does not result in physical injury, not more than $50,000; or
(7) For a violation, not more than $10,000.
If the defendant derives pecuniary gain from the offense, or if the offense results in pecuniary loss or damage to a person or organization other than the defendant, the defendant may be fined an amount equal to 3 times the amount of the pecuniary gain or 3 times the value of the pecuniary loss or damage incurred in lieu of the penalties set forth in paragraphs (1)-(7) of this section.
11 Del. C. 1953, §  4208;  58 Del. Laws, c. 497, §  2;  68 Del. Laws, c. 9, §§  3, 4;  74 Del. Laws, c. 71, §  6;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 42. CLASSIFICATION OF OFFENSES; SENTENCES › § 4209A. Punishment for first-degree murder committed by juvenile offenders.

§ 4209A. Punishment for first-degree murder committed by juvenile offenders.
Any person who is convicted of first-degree murder for an offense that was committed before the person had reached the person's eighteenth birthday shall be sentenced to term of incarceration not less than 25 years to be served at Level V up to a term of imprisonment for the remainder of the person's natural life to be served at Level V without benefit of probation or parole or any other reduction.
79 Del. Laws, c. 37, §  3;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 42. CLASSIFICATION OF OFFENSES; SENTENCES › § 4210. Arrest and disposition of intoxicated persons.

§ 4210. Arrest and disposition of intoxicated persons.
(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. 1953, §  4210;  58 Del. Laws, c. 497, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 42. CLASSIFICATION OF OFFENSES; SENTENCES › § 4211. Payment of expenses.

§ 4211. Payment of expenses.
Any person treated under § 4210 of this title shall, any law to the contrary notwithstanding, be responsible for the incurred expenses, and shall be billed for same by the Department of Mental Health.
11 Del. C. 1953, §  4211;  58 Del. Laws, c. 497, §  2;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 42. CLASSIFICATION OF OFFENSES; SENTENCES › § 4212. Definitions relating to §§ 4210 and 4211.

§ 4212. Definitions relating to §§ 4210 and 4211.
For the purposes of §§ 4210 and 4211 of this title, the following words and phrases shall have the meanings respectively ascribed to them:
(1) “Chronic alcoholic” shall mean a person who compulsively and habitually uses alcoholic beverages to the extent that they injure the person's health and interfere with the person's social and economic functioning.
(2) “Detoxification center” shall mean a medical facility, approved by the Department of Health and Social Services, or its successor, which shall provide appropriate medical services for intoxicated persons, including initial examination, diagnosis and temporary treatment.
(3) “Intoxicated person” shall mean a person whose powers of self-control have been substantially impaired because of the consumption of alcohol.
(4) “Sobriety” shall mean an individual's state of being when not under the influence of alcohol.
(5) “Valid consent” shall mean the voluntary giving of assent to testing procedures by a legally competent person; in the case of a minor or incompetent, such assent shall be obtained from a parent or guardian of the individual or in the absence of either, a person in loco parentis, to undergo testing.
11 Del. C. 1953, §  4212;  58 Del. Laws, c. 497, §  2;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 11 - Crimes and Criminal Procedure › Chapter 42. CLASSIFICATION OF OFFENSES; SENTENCES › § 4215. Sentence of greater punishment because of previous conviction.

§ 4215. Sentence of greater punishment because of previous conviction.
(a) If at the time of sentence, it appears to the court that the conviction of a defendant constitutes a second or other conviction making the defendant liable to a punishment greater than the maximum which may be imposed upon a person not so previously convicted, the court shall fully inform the defendant as to such previous conviction or convictions and shall call upon the defendant to admit or deny such previous conviction or convictions. If the defendant shall admit the previous conviction or convictions, the court may impose the greater punishment. If the defendant shall stand silent or if the defendant shall deny the prior conviction or convictions, the defendant shall be tried upon the issue of previous conviction; provided, however, that the foregoing procedure shall not apply in cases of fourth offenders liable to sentence of life imprisonment under § 4214 of this title.
(b) If, at any time after conviction and before sentence, it shall appear to the Attorney General or to the Superior Court that, by reason of such conviction and prior convictions, a defendant should be subjected to § 4214 of this title, the Attorney General shall file a motion to have the defendant declared an habitual criminal under § 4214 of this title. If it shall appear to the satisfaction of the Court at a hearing on the motion that the defendant falls within § 4214 of this title, the Court shall enter an order declaring the defendant an habitual criminal and shall impose sentence accordingly.
11 Del. C. 1953, §  4214;  58 Del. Laws, c. 497, §  2;  70 Del. Laws, c. 186, §  1;