Bill Text: DE HB22 | 2023-2024 | 152nd General Assembly | Draft
Bill Title: An Act To Amend Title 11 Of The Delaware Code Relating To Assault.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced - Dead) 2024-03-13 - Tabled in Committee [HB22 Detail]
Download: Delaware-2023-HB22-Draft.html
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SPONSOR: |
Rep. Yearick & Sen. Buckson |
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Reps. Collins, Morris, D. Short, Michael Smith; Sens. Hocker, Pettyjohn, Richardson, Wilson |
HOUSE OF REPRESENTATIVES
152nd GENERAL ASSEMBLY
HOUSE SUBSTITUTE NO. 1
FOR
HOUSE BILL NO. 22
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ASSAULT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 612, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 612. Assault in the second degree; class C or D felony.
(a) A person is guilty of assault in the second degree when:
(12) The person recklessly or intentionally causes physical injury to a law-enforcement officer, security officer, fire police officer, fire fighter, paramedic, or emergency medical technician in the lawful performance of their duties by means of an electronic control device shall be a class C felony. felony; or
(13) The person recklessly or intentionally causes physical injury to an employee, contractor, or subcontractor of a public or private elementary or secondary school while the employee, contractor, or subcontractor is performing or attempting to perform a work-related duty on school property or at a school-sponsored event. For purposes of this paragraph (a)(13), “employee, contractor, or subcontractor of a public or private elementary or secondary school” includes teachers, substitute teachers, student teachers, aides, paraprofessionals, principals, administrators, counselors, social workers, psychologists, occupational therapists, physical therapists, speech and language pathologists, learning specialists, nurses, librarians, information technology specialists, cafeteria workers, custodians, facilities managers, security guards, bus drivers, athletic coaches, and other individuals who are employed by or perform contractual services for a public or private elementary or secondary school.
Section 2. This Act may be cited as “The School Personnel Protection Act”.
SYNOPSIS
School personnel report that school safety is a significant issue that affects whether or not they stay in the profession. This Act makes recklessly or intentionally causing physical injury to an employee, contractor, or subcontractor of a public or private elementary school or secondary school an assault in the second degree. This Act may be cited as “The School Personnel Protection Act”.
This Act is a substitute for and differs from House Bill No. 22 by specifying that the person must recklessly or intentionally cause physical injury to the employee, contractor, or subcontractor while on school property or at a school-sponsored event in order for the provision to apply.
