Assaulting a Postal Worker/Assault 2nd, the official text

SPONSOR: Rep. Osienski & Rep. Harris & Sen. Walsh
                                                                Reps. Bolden, K. Johnson, Ross Levin, Kamela Smith,
                                                                K. Williams, Yearick, Griffith; Sens. Hoffner, Huxtable,
                                                                Richardson, Wilson

                                          HOUSE OF REPRESENTATIVES
                                            153rd GENERAL ASSEMBLY

                                                HOUSE BILL NO. 268

    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:

1   Section 1. Amend § 612, Title 11 of the Delaware Code by making deletions as shown by strike through and

2 insertions as shown by underline as follows:

3   § 612. Assault in the second degree; class C or D felony.

4   (a) A person is guilty of assault in the second degree when:

5   (1) The person recklessly or intentionally causes serious physical injury to another person; or

6   (2) The person recklessly or intentionally causes physical injury to another person by means of a deadly

7   weapon or a dangerous instrument; or

8   (3) The person intentionally causes physical injury to a law-enforcement officer, a volunteer firefighter, a full-

9   time firefighter, emergency medical technician, paramedic, fire police officer, fire marshal, correctional officer, a

10  sheriff, a deputy sheriff, public transit operator, hospital security officer or constable, code enforcement constable, or a

11  code enforcement officer officer, or a postal worker who is acting in the lawful performance of duty. For purposes of

12  this subsection, if a law-enforcement officer is off duty and the nature of the assault is related to that law-enforcement

13  officer’s official position, then it shall fall within the meaning of “official duties” of a law-enforcement officer; or

                                                                        SYNOPSIS

              This Act elevates the charge for assaulting a postal worker acting in the lawful performance of duty from assault in
    the third degree to assault in the second degree.

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