Bill Text: DE HB239 | 2015-2016 | 148th General Assembly | Engrossed
Bill Title: An Act To Amend Title 16 Of The Delaware Code Relating To The Distribution Or Delivery Of A Controlled Substance Causing Death.
Spectrum: Slight Partisan Bill (Republican 11-4)
Status: (Passed) 2016-07-21 - Signed by Governor [HB239 Detail]
Download: Delaware-2015-HB239-Engrossed.html
SPONSOR: |
Rep. Dukes & Sen. Hall-Long |
|
Reps. Hudson, Briggs King, Gray, Hensley, Kenton, Outten, Smyk; Sens. Ennis, Marshall, Poore, Simpson |
HOUSE BILL NO. 239 AS AMENDED BY HOUSE AMENDMENT NO. 1 |
AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DISTRIBUTION OR DELIVERY OF A CONTROLLED SUBSTANCE CAUSING DEATH.
Section 1. Amend Chapter 47, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§4752B.Drug Dealing – Resulting in death; class B felony.
(a)A person is guilty of drug dealing resulting in death when the person delivers a Schedule I or II controlled substance in Tier 1 or greater quantity to another person in violation of this chapter, and said controlled substance thereafter causes the death of another person who uses or consumes it.
(b)It is not a defense to a prosecution under this section that the defendant did not directly deliver the controlled substance to the decedent.
(c)It is an affirmative defense to a prosecution under this section that the defendant made a good faith effort to promptly seek, provide, or obtain emergency medical or law enforcement assistance to another person who was experiencing a medical emergency after using a Schedule I or II controlled substance, and whose death would otherwise form the basis for criminal liability under this section.
(d)Any person who violates subsection (a) of this section is guilty of a class B felony.
Section 2.This Act shall be known as Brock Cerklefskie's Law.