AN ACT TO AMEND TITLE 11, DELAWARE CODE RELATING TO SPECIFIC OFFENSES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
(Two-thirds of all members elected to each house thereof concurring therein):
Section 1. Amend § 614, Chapter 5, Title 11 of the Delaware Code, by striking the existing language and substituting in lieu thereof the following:
"§ 614. Abuse of a Sports Official, Class G Felony, Class A Misdemeanor.
(a) A person is guilty of Abuse of a Sports Official whenever the person intentionally or recklessly commits the following acts against a sports official who is acting in the lawful performance of duty:
(b) For purposes of this section, the words ‘sports official’ shall mean any person who serves as a referee, umpire, line judge or in any similar capacity in supervising or administering a sports event, and who is registered as a member of or employed by a local, state, regional or national organization which provides training or education opportunities for sports officials.
(c) Whoever violates subsection (a) of this section shall be guilty of a class A misdemeanor and shall be fined not less than $500 nor more than $1000 and shall be imprisoned not less than 30 days nor more than 6 months. Upon conviction for a second or subsequent offense under this section, such person shall be guilty of a class G felony. Such person shall be fined not less than $1,000 nor more than $2,350 and, in addition, shall be imprisoned not less than 60 days nor more than one year. The fines created under this section shall not be subject to suspension. In addition to the fines and period of incarceration proscribed by this subsection, any person who is guilty of Abuse of a Sports Official shall be prohibited from participating in and/or attending any organized sporting event for a period of not less than 3 months nor more than 12 months.
(d) Except as provide in § 922 of Title 10, and notwithstanding any other provision of law to the contrary, the Court of Common Pleas shall have original jurisdiction to hear, try and finally determine any violation of this section, and any other violation of any offense set forth in this Title which was allegedly committed during the same incident. Prosecution under this section shall not preclude a separate charge, conviction and sentence for any other crime set forth in the Code."
The General Assembly has become aware of an escalating tendency of violence towards sports officials in this state and throughout the county. In Delaware, and in other states, incidents and threats of violence towards officials seem to have become commonplace in just about every sport and on every level. Not surprisingly, the age, experience and diplomacy of the involved official, has little or no bearing in predicting the reaction of an offender on any given day. The subject of violence against sports officials has generated increased attention nationwide, and articles on the subject have been published in widely circulated newspapers and magazines. In addition, more than a dozen states now have specific legislation deigned to address assaults on sports officials. The General Assembly views crimes comitted against sports officials as an "offense against the public" because sports officials are recognized authority figures and because a large segment of the population, including children, routinely attend and/or participate in organized sporting events. Prior to this legislation, in Delaware, a person would receive enhanced sentencing only after being twice convicted of assaulting a sports official. The pre-existing statute also did not appropriately contemplate various acts of violence against sports officials, nor did it provide a sufficient system for tracking repeat offenders.
Most organized sports leagues and associations have developed a process to address and discipline individuals who have engaged in unsportsmanlike acts. Although a league's efforts to police itself is one of the necessary components towards solving this problem, private, self-contained disciplinary actions (such as an ejection from a game or suspension from subsequent play) are simply inadequate, short-term fixes. Swift, effective criminal prosecution will provide the only meaningful and lasting deterrent in appropriate situations.
Amateur sports officials, by nature, are ordinary citizens who, for very little compensation, perform a desirable public service. This legislation is intended to give greater protection to sports officials who have been harassed, threatened, menaced or assaulted. The first aspect of this legislation identifies certain types of prohibited acts against sports officials. The second aspect of this legislation vests original jurisdiction of these offenses in the Court of Common Pleas. Until this point, sports officials in Delaware who have been victimized were not guaranteed the assistance of an advocate since most cases were filed in a Justice of the Peace Court. Finally, by designating a specific crime of "Abuse of a Sports Official", this legislation will enable the Department of Justice and the courts to appropriately track repeat offenders.