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 Back | 145th General Assembly
House Bill # 322 |
| Primary Sponsor: | Atkins | Additional Sponsor(s): Rep. Mitchell & Rep. Schwartzkopf |
| CoSponsors: | Reps. Bennett, Briggs King, Carson, Hudson, Jaques, J. Johnson, Lee, Miro, Ramone, Scott, B. Short, Walls, Wilson; Sens. Ennis, Katz |
| Introduced on : | 01/28/2010 | |
| Long Title: | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SPECIFIC OFFENSES. |
| Synopsis: | This Act corrects a loop-hole in Delaware’s felony resisting arrest statute identified by the Delaware Supreme Court’s recent opinion in Watson v. State, No. 335, 2009 (January 6, 2010). In Watson, two probation and parole officers were injured by a defendant while trying to make an arrest for a probation violation. On appeal, the Delaware Supreme Court reversed Watson’s convictions for the felony offense of resisting arrest by force or violence under §1257(a) because the statute, by its express terms, only applies to arrests by police officers. Instead, the Delaware Supreme Court directed that convictions for the misdemeanor crime of resisting arrest under §1257(b), which applies to arrests by all peace officers, be entered against Watson. The General Assembly believes that the use of force or violence against any peace officer attempting to make an arrest is an extremely serious offense and is, therefore, enacting this legislation to close the loop-hole identified by our Supreme Court.
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| Current Status: | Signed On 05/18/2010 |
| Volume Chapter | 77:266 | | |
| Date Governor acted: | 05/18/2010 | | |
Full text of Legislation:
(in HTML format) | Legis.html | Email this Bill to a friend | |
Full text of Legislation:
(in MS Word format) | Legis.Doc (You need Microsoft Word to see this document.) |
| Fiscal Notes/Fee Impact: | Not Required |
| Committee Reports: |
House Committee Report 03/17/10 F=3 M=5 U=0---->
Senate Committee report 05/11/10 F=0 M=4 U=0-----> |
| Voting Reports: |
House vote: () Passed 3/18/2010 4:06:33 PM------->
Senate vote: () Passed 5/12/2010 4:40:03 PM-------> |
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Actions History:
| May 18, 2010 - Signed by Governor
May 12, 2010 - Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
May 11, 2010 - Reported Out of Committee (JUDICIARY) in Senate with 4 On Its Merits
Mar 23, 2010 - Assigned to Judiciary Committee in Senate
Mar 18, 2010 - Passed by House of Representatives. Votes: Passed 40 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT
Mar 17, 2010 - Reported Out of Committee (JUDICIARY) in House with 3 Favorable, 5 On Its Merits
Jan 28, 2010 - Introduced in House and assigned to Judiciary Committee
Jan 28, 2010 - Assigned to Judiciary Committee in House
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