House Bill 350

150th General Assembly (Present)

Bill Progress

Signed 8/13/20
Becomes effective upon date of signature of the Governor or upon date specified

Bill Details

6/17/20
AN ACT TO AMEND TITLE 11 THE DELAWARE CODE RELATING TO CHOKEHOLDS.
This Act creates the crime of Aggravated Strangulation. A person is guilty of Aggravated Strangulation if the person is a law-enforcement officer, and while acting within the person’s official capacity as a law-enforcement officer, knowingly or intentionally uses a chokehold on another person. Under this Act, a chokehold is only justifiable when the person reasonably believes deadly force is warranted in order to protect the life of a civilian or law-enforcement officer. Aggravated Strangulation is a Class D felony unless the law-enforcement officer using a chokehold causes serious physical injury or death to another person thereby elevating the crime to a Class C felony. This Act also makes clear that if a person is charged under this section, such a charge shall not preclude or limit the State or any other prosecuting agency from bringing other criminal charges against the person.
82:281
Not Required
8/13/20

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