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Legislation Document
SPONSOR:
Rep. Morrison & Sen. Lockman
Reps. K. Johnson, Kamela Smith, Berry; Sens. Hansen, Wilson, Hocker
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 316
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ASSAULTS ON STATE EMPLOYEES AND OFFICERS.
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:
when the person does any of the following:
(1) The person recklessly or intentionally causes serious physical injury to another
person; or
person.
(2) The person recklessly or intentionally causes physical injury to another person by means of a deadly weapon or a dangerous
instrument; or
instrument.
(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 who is acting in the lawful performance of duty. For purposes of
this subsection,
this paragraph (a)(3),
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
falls
within the meaning of “official duties” of a law-enforcement
officer; or
officer.
(4) The person intentionally causes physical injury to the operator of an ambulance, a rescue squad member, licensed practical nurse, registered nurse, paramedic, licensed medical doctor, or any person providing health-care treatment or employed by a health-care provider while such person is performing a work-related
duty; or
duty.
(5) The person intentionally causes physical injury to any other person while such person is rendering emergency
care; or
care.
(6) The person recklessly or intentionally causes physical injury to another person who is 62 years of age or
older; or
older.
(7) The person intentionally assaults a law-enforcement officer while in the performance of the officer’s duties, with any disabling chemical spray, or with any aerosol or hand sprayed liquid or gas with the intent to incapacitate such officer and prevent the officer from performing such
duties; or
duties.
(8) The person intentionally, while engaged in commission of any crime enumerated in this chapter, assaults any other person with any disabling chemical spray, or with any aerosol or hand sprayed liquid or gas with the intent to incapacitate the
victim; or
victim.
(9) The person intentionally causes physical injury to any state employee or
officer
officer, including an elected official,
when that employee or officer is discharging or attempting to discharge a duty of employment or
office; or
office. For purposes of this paragraph (a)(9), if a state employee or officer is off duty and the nature of the assault is related to that state employee or officer’s official position, then it falls within the meaning of “discharging or attempting to discharge a duty of employment or office.”
(10) The person recklessly or intentionally causes physical injury to a pregnant female. It is no defense to a prosecution under this subsection that the person was unaware that the victim was
pregnant; or
pregnant.
(11) A person who is 18 years of age or older and who recklessly or intentionally causes physical injury to another person who has not yet reached the age of 6 years. In any prosecution of a parent, guardian, foster parent, legal custodian or other person similarly responsible for the general care and supervision of a child victim pursuant to this paragraph, the State shall be required to prove beyond a reasonable doubt the absence of any justification offered by § 468(1) of this title. In any prosecution of a teacher or school administrator pursuant to this paragraph, the State shall be required to prove beyond a reasonable doubt the absence of any justification offered by § 468(2) of this
title; or
title.
(12) The person recklessly or intentionally causes physical injury to a law-enforcement officer, security officer, fire police officer, fire fighter, paramedic, or emergency medical technician in the lawful performance of their duties by means of an electronic control device shall be a class C felony.
(d) Assault in the second degree is a class D felony, unless the offense is a class C felony as described in paragraph (a)(12) of this section.
SYNOPSIS
This Act clarifies that the existing law, which makes it a Class D felony when a person intentionally causes physical injury to any state employee or officer, when that employee or officer is discharging or attempting to discharge a duty of employment or office, applies to elected officials.
This Act provides that it is a Class D felony when the assault of the state employee or officer is related to the person’s official position, whether or not the person assaulted is on or off duty at the time.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.