Delaware § 630 Vehicular homicide in the second degree; class D felony; minimum sentence; juvenile offenders

Delaware Statutes

§ 630 — Vehicular homicide in the second degree; class D felony; minimum sentence; juvenile offenders

Delaware·Title 11·Part Delaware Criminal Code·Ch. 5 SPECIFIC OFFENSES·Subch. Offenses Against the Person

(a)A person is guilty of vehicular homicide in the second degree when:

(1)While in the course of driving or operating a motor vehicle, the person’s criminally negligent driving or operation of said vehicle causes the death of another person; or

(2)While in the course of driving or operating a motor vehicle, under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as defined by § 4177 of Title 21, the person’s negligent driving or operation of said vehicle causes the death of another person. Vehicular homicide in the second degree is a class D felony.

(b)The minimum sentence required by paragraph (a)(2) of this section shall be 1 year, notwithstanding § 4205(b)(6) of this title. The minimum sentence shall not be subject to suspension, and no person convi

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(a) A person is guilty of vehicular homicide in the second degree when:

(1) While in the course of driving or operating a motor vehicle, the person’s criminally negligent driving or operation of said vehicle causes the death of another person; or

(2) While in the course of driving or operating a motor vehicle, under the influence of alcohol or drugs or with a prohibited alcohol or drug content, as defined by § 4177 of Title 21, the person’s negligent driving or operation of said vehicle causes the death of another person.

Vehicular homicide in the second degree is a class D felony.

(b) The minimum sentence required by paragraph (a)(2) of this section shall be 1 year, notwithstanding § 4205(b)(6) of this title. The minimum sentence shall not be subject to suspension, and no person convicted under this section shall be eligible for probation, parole, furlough, work release or supervised custody during the first year of such sentence.

(c) Every person charged under this section after having reached his or her sixteenth birthday, shall be treated for purposes of trial or other disposition of the charge, including but not limited to sentencing, as an adult, notwithstanding any contrary provisions of statutes governing the Family Court, or any other state law, except that the mandatory minimum sentencing provisions of subsection (b) of this section and § 630A(b) of this title shall not apply to juveniles. Any such case involving a juvenile shall be subject to the transfer provisions of § 1011 of Title 10. Any period of incarceration imposed upon a juvenile by operation of this section shall be served in a juvenile correctional facility until the person attains their 18th birthday, at which time the person shall be transferred to the appropriate adult correctional institution or jail to serve any remaining portion of the sentence.

Delaware § 630 (Vehicular homicide in the second degree; class D felony; minimum sentence; juvenile offenders) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

63 Del. Laws, c. 88, § 3 ; 65 Del. Laws, c. 357, § 1 ; 67 Del. Laws, c. 130, § 8 ; 67 Del. Laws, c. 246, § 1 ; 70 Del. Laws, c. 186, § 1 ; 74 Del. Laws, c. 333, § 5 ; 75 Del. Laws, c. 315, § 7 ; 78 Del. Laws, c. 168, § 3