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DE HB122
Bill
Status
9/8/2017
Primary Sponsor
Stephen Smyk
Click for details
AI Summary
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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
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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
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Prohibits suspension of sentences and parole or probation eligibility for all assault convictions in detention facilities
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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
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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