Delaware General Assembly

Signed 8/13/20

The General Assembly has ended, the current status is the final status.

6/17/20

Chukwuocha

Reps. Bolden, Cooke, Dorsey Walker, K. Johnson, Minor-Brown
Sen. Lockman, Brown

Reps. Baumbach, Bennett, Bentz, Brady, Bush, Carson, Griffith, Heffernan, Jaques, Q. Johnson, Kowalko, Longhurst, Lynn, Matthews, Mitchell, Osienski, Schwartzkopf, Seigfried, Viola, K. Williams
Sen. Ennis, Hansen, McBride, McDowell, Paradee, Poore, Sokola, Sturgeon, Townsend, Walsh, Cloutier

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

32

8/13/20

N/A

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