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DE HB122

Bill

Status

Passed

9/8/2017

Primary Sponsor

Stephen Smyk

Click for details

Origin

House of Representatives

149th General Assembly

AI Summary

  • Adds "or recklessly" to assault statutes in detention facilities, expanding criminal liability beyond intentional acts to include reckless conduct in subsections (a), (b), and (c) of § 1254

  • Maintains mandatory minimum sentences: 2 years for class D felony assault (physical injury), 3 years for class B felony assault (serious physical injury), and 1 year for class D felony assault with bodily fluids

  • Prohibits suspension of sentences and parole or probation eligibility for all assault convictions in detention facilities

  • Requires defendants charged with bodily fluid assault to be tested for transmittable diseases at defendant's cost, with results provided to the Attorney General, victim, defendant, and Department medical care provider

  • Suspends execution of sentences for the original crime causing confinement until completion of the detention facility assault sentence

Legislative Description

An Act To Amend Title 11 Of The Delaware Code Relating To Assaults In A Detention Facility.

Last Action

Signed by Governor

9/8/2017

Committee Referrals

Corrections & Public Safety5/2/2017
Corrections4/4/2017

Full Bill Text

No bill text available