CHAPTER 12

FORMERLY

HOUSE BILL NO. 9

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE CRIME OF ASSAULT IN A DETENTION FACILITY.

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

Section 1. Amend Section 1254(a), Title 11 of the Delaware Code by deleting the phrase “a correctional officer, other state employee of a detention facility acting in the lawful performance of duties or other person confined in a detention facility” and by inserting in lieu thereof the phrase “a correctional officer, other state employee of a detention facility acting in the lawful performance of duties, any other person confined in a detention facility or any other person at a detention facility or other place having custody of such person”.

Section 2. Amend Section 1254(b), Title 11 of the Delaware Code by deleting the phrase “a correctional officer, other state employee of a detention facility acting in the lawful performance of duties or other person confined in a detention facility” and by inserting in lieu thereof the phrase “a correctional officer, other state employee of a detention facility acting in the lawful performance of duties, any other person confined in a detention facility or any other person at a detention facility or other place having custody of such person”.

Section 3. Amend Section 1254(c), Title 11 of the Delaware Code by inserting the phrase “or any other person at a detention facility or other place having custody of such person, other than another person confined at a detention facility” between the words “duties” and “shall” as they appear in that subsection.

Section 4. Amend Section 1258, Title 11 of the Delaware Code by adding a new paragraph (5) to said section to read as follows:

“(5) ‘Other place having custody of such person’ includes, but is not limited to, any building, facility, structure, vehicle or property in which a person may be placed while in custody, whether temporarily or permanently and regardless of whether such building, facility, structure, vehicle or property is owned or controlled by the Department of Correction or any other state agency.”

Section 5. Any action, case, prosecution, trial or any other legal proceeding in progress under or pursuant to the previous wording of the sections amended by this Act, no matter what the stage of the proceeding, shall be preserved and shall not become illegal or terminated upon the effective date of this Act. For purposes of such proceedings in progress the prior law shall remain in full force and effect.

Approved April 12,1999