CHAPTER 266

FORMERLY

SENATE BILL NO. 95

AN ACT TO AMEND CHAPTER 4, PART I, TITLE 11 OF THE DELAWARE CODE RELATING TO DEFENSES AGAINST CRIMINAL LIABILITY; AND PROVIDING PROTECTION TO PERSONS DEFENDING REAL AND PERSONAL PROPERTY AGAINST FELONIES OR ATTEMPTED FELONIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §466(c)(2)b., Title 11 of the Delaware Code by striking sub-paragraph b., and substituting in lieu thereof the following:

"b. under the circumstances existing at the time, the defendant believed the use of force other than deadly force would expose the defendant, or another person in his presence, to the reasonable likelihood of serious physical injury."

Section 2. Amend §466, Chapter 4, Part I, Title 11 of the Delaware Code by striking subsection (d) in its entirety, and substituting in lieu thereof the following:

"(d) Where a person has used force for the protection of property and has not been convicted for any crime or offense connected with that use of force, such person shall not be liable for damages or be otherwise civilly liable to the one against whom such force was used."

Approved June 19, 1980.