CHAPTER 113

FORMERLY

HOUSE BILL NO. 49

AS AMENDED BY HOUSE AMENDMENT NO. 2

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO PERSONAL ACTIONS.

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

Section 1. Amend Chapter 81 of Title 10 of the Delaware Code by adding thereto as follows:

"§8139. Limitation on civil actions by criminal defendants.

(a) No civil action for the recovery of damages for a cause of action, as specified in subsection (b) of this section, shall be brought by or on behalf of any person who has:

(1) Been convicted for any felony class A, B, C, D, or E except §503, §876, §§932-936, §1109, §1223, §1352, §1361, §1442, §1448, §1455, §1457 and §1503 of Title 11; or

(2) Been convicted of §629, §630, §768, §769, §782, §801, §824, § 1252, § 1302, or §13 12A of Title 11 of the Delaware Code; or

(3) Not been convicted for any predicate felony listed in paragraphs (1) or (2) of this subsection, but has displayed conduct that but for the person's death or incapacity he or she would have been convicted of such a felony.

(b) 'Cause of Action' as used in subsection (a) of this section shall mean any claim for alleged personal injuries where the alleged injury has been sustained by that person while committing, during the course of, or in the immediate flight from the crime, or alleged crime referenced in subsection (a) of this section, or while that person was attempting to escape or prevent a police officer from effecting an arrest for that crime or alleged crime.

(c) Nothing contained in this section shall be construed as barring a cause of action against a public entity or a public official for violating the civil rights of such person where those rights are specifically granted or protected by the Constitution or Statutes of the United States or the Constitution or Statutes of the State of Delaware."

Approved June 30, 1997