HOUSE OF REPRESENTATIVES

152nd GENERAL ASSEMBLY

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 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. For purposes of this paragraph (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 language pathologists, learning specialists, nurses, librarians, information technology specialists, cafeteria workers, custodians, facilities managers, security guards, bus drivers, athletic coaches, and other personnel who are employed by or perform contractual services for a public or private elementary or secondary school.

Section 2. This Act is known 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 intentionally or recklessly causing physical injury to an employee, contractor, or subcontractor of a public or private elementary or secondary school an assault in the second degree. This Act is known as “The School Personnel Protection Act”.