CHAPTER 247

FORMERLY

HOUSE SUBSTITUTE NO. 1

FOR HOUSE BILL NO. 13

AS AMENDED BY HOUSE AMENDMENT NO. 1 AND

SENATE AMENDMENTS NO. 2 AND 3

AN ACT TO AMEND CHAPTER 5, PART I, TITLE 11 OF THE DELAWARE CODE PERTAINING TO ESCAPE AND OTHER OFFENSES RELATING TO CUSTODY.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Subpart E, Subchapter 6, Chapter 5, Title 11, Delaware Code, by adding thereto a new Section designated as §1254 to read as follows:

"§1254. Assault in a detention; facility

(a) Any person who, being confined in a detention facility, intentionally causes physical injury to a guard, other state employee of a detention facility acting in the lawful performance of his duties, or other person confined in a detention facility shall be guilty of a Class C felony.

Notwithstanding the provisions of Chapter 45 of this Title, any person convicted for a violation of this section shall be imprisoned for a mandatory minimum period of two (2) years which shall commence upon final judgment of conviction. Such sentence shall not be suspended nor shall the defendant be eligible for parole or probation.

(b) Any person who, being confined in a detention facility, intentionally causes serious physical injury to a guard, other state employee of a detention facility acting in the lawful performance of his duties, or other person confined in a detention facility shall be guilty of a Class B felony.

Notwithstanding the provisions of Chapter 45 of this Title, any person convicted for a violation of this section shall be imprisoned for a mandatory minimum period of three (3) years which shall commence upon final judgment of conviction. Such sentence shall not be suspended nor shall the defendant be eligible for parole or probation.

(c) The execution and operation of the sentence for any other crime causing such original confinement shall, upon the commencement of the sentence for a violation of this section, be placed in suspension, to be continued only after completion of the sentence for the violation of this section."

Approved February 5, 1974.