Signed by Governor John Carney, Jr.

Vote Smart's Synopsis:

Vote to pass a bill that amends the burglary and home invasion code.

Highlights:

• Amends the burglary and home invasion code to establish that individuals cannot be convicted of both burglary and home invasion as they now fall under the same category of offense (Sec 1).

• Repeals the minimum sentencing framework for those convicted of burglary in the second degree (Sec. 1).

• Defines “occupied dwelling” as a dwelling in which a person is lawfully present on the property at the time of the offense (Sec. 1). 

• Establishes that burglary in the first degree is a class C or B felony and specifies (Sec. 1):

• Burglary in the first degree as when the individual enters or stays in an occupied dwelling knowingly with the intent to commit a crime; or

• Home Invasion Burglary First Degree as when the individual enters or stays in an occupied dwelling knowingly with the intent to commit a crime, and when the individual or another participant engages in or attempts to commit:

• Robbery in the first or second degree;

• Assault in the first or second degree;

• Murder in the first or second degree;

• Manslaughter;

• Rape in any degree; or

• Kidnapping in the first or second degree.

• Establishes that burglary in the first degree includes a minimum sentence of one year at Level V (Sec. 1).

• Establishes that Home Invasion Burglary first degree includes a minimum sentence of six years at Level V (Sec. 1).

• Repeals the minimum mandatory sentencing for first or second degree burglary offenses committed after previous first or second degree burglary convictions (Sec. 1). 

Full Bill Text