Bill Text: DE HB214 | 2015-2016 | 148th General Assembly | Engrossed
Bill Title: An Act To Amend Title 11 Of The Delaware Code Relating To Assault.
Spectrum: Slight Partisan Bill (Democrat 8-3)
Status: (Passed) 2016-06-28 - Signed by Governor [HB214 Detail]
Download: Delaware-2015-HB214-Engrossed.html
SPONSOR: |
Rep. Keeley |
|
Reps. Heffernan, Jaques, Kowalko, Lynn, Miro, Mitchell, Osienski; Sen. Hall-Long |
HOUSE BILL NO. 214 AS AMENDED BY HOUSE AMENDMENT NO. 1 |
Section 1.Amend §612(a), Title 11 of the Delaware Code by making deletions as shown by strike through and insertions shown by underline as follows and redesignating accordingly:
§612 Assault in the second degree; class 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, a code enforcement constable or a code enforcement officer 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
(4) The person intentionally causes physical injury to the operator of an ambulance, a rescue squad member, licensed practical nurse, registered nurse, paramedic, or licensed medical doctor while such person is performing a work-related duty; or
(5) The person intentionally causes physical injury to any other person while such person is rendering emergency care; or
(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 other person
while such person is rendering emergency care; or
(5) The person intentionally causes physical injury
to a licensed practical nurse or registered nurse while the nurse is performing
a work-related duty; or"
(5) (6) The
person recklessly or intentionally causes physical injury to another person who
is 62 years of age or older; or
(6) (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
(7) (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
(8) (9) The 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; or
(9) (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
(10) (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
(11) (12) The person
recklessly or intentionally causes physical injury to a law-enforcement
officer, security officer, fire policeman, 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.