DE HB322 | 2009-2010 | 145th General Assembly
Status
Completed Legislative Action
Spectrum: Slight Partisan Bill (Democrat 12-7)
Status: Passed on May 18 2010 - 100% progression
Action: 2010-05-18 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]
Spectrum: Slight Partisan Bill (Democrat 12-7)
Status: Passed on May 18 2010 - 100% progression
Action: 2010-05-18 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]
Summary
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.
Title
An Act To Amend Title 11 Of The Delaware Code Relating To Specific Offenses.
Sponsors
Roll Calls
2010-05-12 - Senate - Senate Third Reading (Y: 21 N: 0 NV: 0 Abs: 0) [PASS]
2010-03-18 - House - House Third Reading (Y: 40 N: 0 NV: 0 Abs: 1) [PASS]
2010-03-18 - House - House Third Reading (Y: 40 N: 0 NV: 0 Abs: 1) [PASS]
History
Date | Chamber | Action |
---|---|---|
2010-05-18 | Signed by Governor | |
2010-05-12 | Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT | |
2010-05-11 | Reported Out of Committee (JUDICIARY) in Senate with 4 On Its Merits | |
2010-03-23 | Assigned to Judiciary Committee in Senate | |
2010-03-18 | Passed by House of Representatives. Votes: Passed 40 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT | |
2010-03-17 | Reported Out of Committee (JUDICIARY) in House with 3 Favorable, 5 On Its Merits | |
2010-01-28 | Introduced in House and assigned to Judiciary Committee | |
2010-01-28 | Assigned to Judiciary Committee in House |