(a) The repeal of any statute creating, defining or relating to any criminal offense set forth under the laws of this State, shall not have the effect of releasing or extinguishing any penalty, forfeiture or liability incurred under such statute, unless the repealing act shall so expressly provide, and such statute shall be treated as remaining in full force and effect for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture or liability.
(b) Any action, case, prosecution, trial or other legal proceeding in progress under or pursuant to any statute relating to any criminal offense set forth under the laws of this State shall be preserved and shall not become illegal or terminated in the event that such statute is later amended by the General Assembly, irrespective of the stage of such proceeding, unless the amending act expressly provides to the contrary. For the purposes of such proceedings, the prior law shall remain in full force and effect.
71 Del. Laws, c. 263,
§
1;
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 2012–2025 · leading case:
Garvey v. Phelps, 840 F. Supp. 2d 782 (D. Del. 2012).
Garvey v. Phelps, 840 F. Supp. 2d 782 (D. Del. 2012).
· cites it 2× “3 However, under the general savings statute of the Delaware criminal code, an amendment to, or repeal of, a criminal statute does not terminate a prosecution, regardless of the stage of the case, unless the amending or repealing act expressly provides that result 4 See 11 Del.…”
State v. Waples (Del. Super. Ct. 2025).
· cites it 2× “4 (8) 11 Del. C. § 211(a) sets forth that the repeal of any statute defining a criminal offense shall not have the effect of releasing or extinguishing any penalty, forfeiture or liability unless the repealing act expressly provides same.”
State of Delaware v. Trawick. (Del. Super. Ct. 2014).
· cites it 2× “22 In sum, pursuant to 11 Del. C. § 211, the repeal of § 4768 several months after Defendant’s conviction leaves Defendant’s conviction undisturbed.”
State v. Edgar (Del. Super. Ct. 2016).
“The prosecution says this is so because of 11 Del. C. §211 -the “Savings Clause” - that provides that the repeal of a statute shall not have the effect of “releasing or extinguishing any penalty, forfeiture or liability incurred under such statute, unless the repealing act shall…”
State v. Lewis (Del. Super. Ct. 2018).
“The timing of the indictment, and the General Assembly’s mistaken repeal, did not impact the validity of the indictment.”
Hubbard v. State (Del. 2020).
“Valihura Justice 2 See 11 Del. C. § 211(a) (“The repeal of any statute creating, defining or relating to any criminal offense set forth under the laws of this State, shall not have the effect of releasing or extinguishing any penalty, forfeiture or liability incurred under such…”
— 11 Del. C. § 211(a) — 3 cases
State v. Waples (Del. Super. Ct. 2025).
“4 (8) 11 Del. C. § 211(a) sets forth that the repeal of any statute defining a criminal offense shall not have the effect of releasing or extinguishing any penalty, forfeiture or liability unless the repealing act expressly provides same.”
State v. Lewis (Del. Super. Ct. 2018).
“The timing of the indictment, and the General Assembly’s mistaken repeal, did not impact the validity of the indictment.”
Hubbard v. State (Del. 2020).
“Valihura Justice 2 See 11 Del. C. § 211(a) (“The repeal of any statute creating, defining or relating to any criminal offense set forth under the laws of this State, shall not have the effect of releasing or extinguishing any penalty, forfeiture or liability incurred under such…”
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