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Legislation Document
SPONSOR:
Rep. Michael Smith & Sen. Buckson
Reps. Dukes, Hensley, K. Johnson, Yearick; Sens. Hocker, Richardson, Wilson
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 331
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ASSAULT AND STANDING UP FOR EDUCATORS.
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:
(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.
(13)a. The person recklessly or intentionally causes physical injury to an employee, contractor, or subcontractor of a district, charter, or private elementary or secondary school while the employee, contractor, or subcontractor performs or attempts to perform a work-related duty on school property or at a school-sponsored event.
b. As used in this paragraph (a)(13), “employee, contractor, or subcontractor of a district, charter, or private elementary or secondary school” includes a teacher, substitute teacher, student teacher, aide, paraprofessional, principal, administrator, counselor, social worker, psychologist, occupational therapist, physical therapist, speech and language pathologist, learning specialist, nurse, librarian, information technology specialist, cafeteria worker, custodian, facilities manager, security guard, bus driver, athletic coach, or another individual who is employed by or performs contractual services for a district, charter, or private elementary or secondary school.
SYNOPSIS
Delaware educators identify school safety as a significant issue affecting whether they stay in the profession. This Act demonstrates the General Assembly's commitment to supporting our educators by elevating a recklessly or intentionally caused physical injury to an educator to an assault in the second degree. Under this Act, an "educator" includes an employee, contractor, or subcontractor of a public or private elementary school or secondary school. The injury must occur while on school property or at a school-sponsored event in order for this Act to apply.
This Act may be cited as "The We've Got Your Back Act".