AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ASSAULT.

Plain English Breakdown

The effective date is missing from the provided official materials, so readers cannot know when this law begins.

HB268: Changing Assault Charges Against Postal Workers

This bill changes Delaware law so that hitting a postal worker doing their job is treated as a more serious crime.

What This Bill Does

• Changes the charge for assaulting a postal worker from assault in the third degree to assault in the second degree if they are acting in the lawful performance of duty.
• Adds postal workers to the list of protected people under Section 612 of Title 11 of the Delaware Code.

Who It Names or Affects

• People who physically harm a postal worker while that worker is performing their official duties.
• Postal workers in Delaware.

Terms To Know

Assault in the second degree

A crime classified as a Class C or D felony under Delaware law when it involves causing physical injury to certain protected people like postal workers.

Lawful performance of duty

When an employee is doing their job correctly at the time of the incident.

Limits and Unknowns

• The official text does not state when this new law will officially start.
• This change only applies to postal workers and does not mention other delivery services or private mail carriers unless they are covered by federal employee status under the same code.

Official Summary Text

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ASSAULT.
This Act elevates the charge for assaulting a postal worker acting in the lawful performance of duty from assault in the third degree to assault in the second degree.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Osienski & Rep. Harris & Sen. Walsh

Reps. Bolden, K. Johnson, Ross Levin, Kamela Smith, K. Williams, Yearick, Griffith; Sens. Hoffner, Huxtable, Richardson, Wilson

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 268

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ASSAULT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 612, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 612. Assault in the second degree; class C or D felony.

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

(1) The person recklessly or intentionally causes serious physical injury to another person; or

(2) The person recklessly or intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or

(3) The person intentionally causes physical injury to a law-enforcement officer, a volunteer firefighter, a full-time firefighter, emergency medical technician, paramedic, fire police officer, fire marshal, correctional officer, a sheriff, a deputy sheriff, public transit operator, hospital security officer or constable, code enforcement constable,

or

a code enforcement

officer

officer, or a postal worker

who is acting in the lawful performance of duty. For purposes of this subsection, if a law-enforcement officer is off duty and the nature of the assault is related to that law-enforcement officer’s official position, then it shall fall within the meaning of “official duties” of a law-enforcement officer; or

SYNOPSIS

This Act elevates the charge for assaulting a postal worker acting in the lawful performance of duty from assault in the third degree to assault in the second degree.