CHAPTER 88

FORMERLY

SENATE BILL NO. 110

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ASSAULTS IN DETENTION FACILITIES.

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

Section 1. Amend §1254(a), Title 11, Delaware Code by deleting the word "guard", and inserting the words "correctional officer".

Section 2. Amend §1254(b), Title 11, Delaware Code by deleting the word "guard", and inserting the words "correctional officer".

Section 3. Amend §1254, Title 11 of the Delaware Code by redesignating paragraph (c) as paragraph (d) and inserting a new paragraph (c) to read as follows:

"(c) Any person who, being confined in a detention facility, intentionally strikes with urine, feces or other bodily fluid, a correctional officer or other State employee of a detention facility acting in the lawful performance of duties shall be guilty of a Class D felony.

Notwithstanding Chapter 45 of this Title, any person convicted for a violation of this subsection shall be imprisoned for a mandatory minimum period of one year which shall commence upon final conviction. Such sentence shall not be suspended nor shall the defendant be eligible for parole or probation.

When charged with a violation of this subsection, the defendant shall be tested for diseases transmittable through bodily fluids. The cost of such tests to be assessed as costs upon conviction. The results of such tests shall be provided only to the Attorney General, the victim of the assault, the defendant and the Department's medical care provider."

Approved June 26, 1997