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Eaton v. State12/8/1997
)(1-7) of the Delaware Criminal Code.
One of the specific purposes of completely codifying Delaware's Criminal Code was "o differentiate upon reasonable grounds between serious and minor offenses and to prescribe proportionate penalties .... " 11 Del. C. section 201(4). Another purpose of Delaware's Criminal Code is "o give fair warning of the nature of the conduct proscribed and of the sentences authorized upon conviction." 11 Del. C. section 201(2). The distinctions are reasonable and the warnings are explicit in Section 2113(c).
Any person released on bail must adhere to the conditions set forth in his or her bond. The Delaware Criminal Code is intended "o insure the public safety by preventing the commission of offenses through the deterrent influence of the sentences authorized .... " 11 Del. C. section 201(5). The violation of a "no contact" condition in a bail bond can result in serious personal injury or death. It was logical and proportionate for the General Assembly to make the classification for violating any condition of release commensurate with the nature of the pending charge. Cf. DeShields v. State, Del. Supr., 534 A.2d 630, 647 (1987). The felony/misdemeanor designation in Section 2113(c) was a proper exercise of the legislative authority vested in the General Assembly by Article II of the Delaware Constitution.
Conclusion
The judgment of the Superior Court is affirmed.
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