CHAPTER 88

FORMERLY

HOUSE BILL NO. 121

AN ACT TO AMEND CHAPTER 8, TITLE 11 OF THE DELAWARE CODE RELATING TO VEHICULAR HOMICIDES AND ASSAULTS AND TO AMEND CHAPTER 12 OF TITLE 11 RELATING TO CIVIL IMMUNITY, AND TO AMEND CHAPTER 2 OP TITLE 11 IN ORDER TO PROVIDE A DEFINITION OF NEGLIGENCE.

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 Chapter 6, Title 11 of the Delaware Code by adding a new Section 628 to read as follows:

",Section 628. Vehicular Assault In the Second Degree

A person is guilty of vehicular assault in the second degree when:

(1) While in the course of driving or operating a motor vehicle, Ms criminally negligent driving or operation of said vehicle causes serious physical injury to another person or:

(2) While in the course of driving or operating a motor vehicle and under the influence of alcohol or drugs, as defined by 21 Del. C. §4177, his negligent driving or operation of said vehicle causes physical injury to another person.

Vehicular Assault in the Second Degree is a Class B Misdemeanor."

Section 2. Amend Chapter 6, Title 11 of the Delaware Code by adding a new Section 629 to read as follows:

"Section 629. Vehicular Assault in the First Degree.

A person is guilty of vehicular assault in the first degree when while in the course of driving or operating a motor vehicle and under the influence of alcohol or drugs, as defined by 21 Del. C. §4177, his criminally negligent driving or operation of said vehicle causes serious physical inTrry to another person.

Vehicular Assault In the First Degree Is a Class A Misdemeanor."

Section 3. Amend Chapter 6, Title 11 of the Delaware Code by adding a new Section 630 to read as follows:

"Section 630. Vehicular Homicide in the Second Degree.

A person is guilty of vehicular homicide in the second degree when:

(1) While in the course of driving or operating a motor vehicle, his criminally negligent driving or operation of said vehicle causes the death of another person; or

(2) While in the course of driving or operating a motor vehicle, under the influence of alcohol or drugs, as defined by 21 Del. C. §4177, his negligent driving or operation of said vehicle causes the death of another person.

Vehicular Homicide in the Second Degree is a Class E Felony."

Section 4. Amend Chapter 6, Title 11 of the Delaware Code by adding a new Section 630A to read as follows:

"Section 630A. Vehicular Homicide in the First Degree

A person is guilty of vehicular homicide in the first degree when while in the course of driving or operating a motor vehicle under the influence of alcohol or drugs, as defined by 21 Del. C. §4177, his criminally negligent driving or operation of said vehicle causes the death of another-R-1Na.

Vehicular Homicide in the First Degree is a Class D Felony."

Section 5. Nothing in Sections 628, 629, 630 or 630A of this Title shall be deemed to preclude prosecution under any other Titles of the Delaware Code nor shall these Sections be deemed to repeal any other Sections of the Delaware Code.

Section 6. Amend Title II Section 231 of the Delaware Code by adding new subsection (e) to read as follows:

"(e) "Negligence" - A person acts with negligence with respect to an element of an offense when he falls to exercise the standard of care which a reasonable person would observe in the situation."

Section 7. Amend Title 11, Section 1242 of the Delaware Code by designating the existing paragraph as subsection (a) and adding a new subsection (b) to read as follows:

"(b) A duly licensed physician, medical technician, or registered nurse requested to withdraw blood from a person by a police officer so as to prevent the loss of evidence of blood alcohol content or the presence of drugs in the blood stream, and a hospital employing such physician, technician, or nurse shall not be liable for civil damages for any acts or omissions arising out of the taking of such sample, or the reporting of the results to law enforcement officials."

Approved July 7, 1981.