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Legislation Document
SPONSOR:
Sen. Buckson & Rep. Dukes
Sens. Pettyjohn, Richardson, Wilson; Reps. Collins, Hilovsky, Morris, D. Short, Shupe, Yearick
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE BILL NO. 284
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PROTECTING FIRST RESPONDERS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Subpart D, Subchapter VI, Chapter 5, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1244B. Impeding, interfering with, threatening, or harassing a first responder during performance of duties; class A misdemeanor.
(a) For purposes of this section:
(1) “First responder” means all of the following:
a. A law-enforcement officer.
b. A volunteer firefighter or paid firefighter, as “volunteer fighter” and “paid firefighter” are defined under § 6701B of Title 18.
c. An emergency medical technician or paramedic, as “emergency medical technician” and “paramedic” are defined under § 6701B of Title 18.
d. A fire police officer, as “fire police” is defined under § 6701B of Title 18.
(2) “Harass” means to intentionally engage in a course of conduct directed at a first responder which serves no legitimate purpose and is in a manner which the person knows is likely to cause substantial emotional distress in that first responder.
(3) “Marked barrier” means a cone, tape, or other object used to restrict access to an area.
(b) It is unlawful for a person to either cross a marked barrier established by a first responder, or, after receiving a verbal warning not to approach from an individual who the person knows or reasonably should know is a first responder who is engaged in the lawful performance of a legal duty, to knowingly violate the first responder’s verbal warning and approach or remain within 25 feet of the first responder, with the intent to do any of the following:
(1) Impede or interfere with the first responder’s ability to perform the first responder’s legal duty.
(2) Threaten the first responder with physical injury, serious physical injury, or death.
(3) Harass the first responder.
(c) A violation of subsection (b) of this section is a class A misdemeanor.
(d) The Superior Court has exclusive jurisdiction over a violation of this section.
Section 2. This Act is known as the “First State Emergency Response Act”.
SYNOPSIS
This Act makes it a crime for any person to either cross a marked barrier established by a first responder, or, after receiving a warning not to approach from a first responder who is engaged in the lawful performance of a legal duty, to violate the warning and approach or remain within 25 feet of the first responder, with the intent to do any of the following:
(1) Impede or interfere with the first responder’s ability to perform the first responder’s legal duty.
(2) Threaten the first responder with physical injury, serious physical injury, or death.
(3) Harass the first responder.
For purposes of this Act, a first responder means a law-enforcement officer, volunteer or paid firefighter, emergency medical technician, paramedic, or fire police officer.
Author: Senator Buckson