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DE SB147
Bill
Status
6/30/2021
Primary Sponsor
Marie Pinkney
Click for details
AI Summary
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Adds a "reasonably believes" standard throughout Delaware's use of force justification statutes, requiring that a defendant's belief about the necessity of force be objectively reasonable rather than based solely on subjective belief
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Defines "reasonably believes" differently for civilians versus law enforcement officers: for civilians, it means reasonable from the viewpoint of a reasonable person in their situation; for officers, it means reasonable from the viewpoint of a reasonable law enforcement officer in their situation
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Expands the definition of "deadly force" to explicitly include the use of a chokehold, as defined under § 607A of Title 11
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Applies the reasonableness requirement across multiple use-of-force contexts including self-protection, protection of others, protection of property, law enforcement actions, and use of force by those with special care responsibilities
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Amends sections 464 through 471 of Title 11 to codify an objective standard for evaluating state of mind in criminal trials involving justification defenses
Legislative Description
An Act To Amend Title 11 Of The Delaware Code Relating To Use Of Force.
Last Action
Signed by Governor
6/30/2021