Bill Text: DE HB239 | 2015-2016 | 148th General Assembly | Draft
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-Draft.html
SPONSOR: |
Rep. Dukes & Sen. Hall-Long; |
|
Reps. Hudson, Briggs King, Gray, Hensley, Kenton, Outten, Smyk, Keeley; Sens. Ennis, Marshall, Poore, Simpson |
HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY |
HOUSE BILL NO. 239 |
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, 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.
SYNOPSIS
This bill creates the crime of Drug Dealing – Resulting in death.This purpose of this bill is to address the recent spike in deaths resulting from substances such as heroin and fentanyl. |