HB 440 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO OFFENSES AGAINST THE PERSON.

SpiegelmanDorsey HOUSEWalker OF& REPRESENTATIVESRep. 151st GENERAL ASSEMBLY HOUSE AMENDMENT NO.

1Bush TO& HOUSESen. BILL NO.

440Hansen AMENDReps. House Bill No.

440Cooke, onK. line 8 by deleting “strangulation and suffocation” after “section,” and inserting in lieu thereof the following:

“strangulationWilliams; or suffocation”.

FURTHERSens. AMEND House Bill No.

440Mantzavinos, byPettyjohn, deletingPoore, lineRichardson 14HOUSE inOF itsREPRESENTATIVES entirety151st andGENERAL insertingASSEMBLY inHOUSE lieuBILL thereofNO. the following:

“c.440 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO OFFENSES AGAINST THE PERSON.

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

Section 1.

Amend Chapter 5, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 607.

Strangulation or suffocation;

penalty;

affirmative defense.

(a) (1) A person commits the offense of strangulation if the person knowingly or intentionally impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person.

(2) A person commits the offense of suffocation if the person knowingly or intentionally prevents another person from breathing by blocking or obstructing the nose or mouth of the other person.

(b) (1) Except as provided in paragraph (a)(3) (b)(2) of this section, strangulation and suffocation is a class E D felony.

(2) (3) Strangulation or suffocation is a class D B felony if:

a.

The person used or attempted to use a dangerous instrument or a deadly weapon while committing the offense;

or b.

The person caused serious physical injury to the other person while committing the offense;

or c.

[Repealed]”.Strangulation or suffocation;

FURTHERor AMENDd. House Bill No.

440The byperson deletingwas linessubject 15to throughan 17existing andcourt insertingorder inprohibiting lieucontact thereofwith the following:victim at the time of the offense.

“d.e.

The person wascommitted subjectthe offense against a pregnant female (c) Notwithstanding any provisions of this Code to the contrary, any person who commits an existingoffense courtunder ordersubsection prohibiting(a) contactof withthis thesection victimwithin at5 theyears timeof a prior conviction under either subsection (a) or (b) of thethis offense;section or a substantially similar section of another state, shall receive a minimum sentence of 1 year at Level 5.

or(d) e.The absence of visible bodily injury shall not preclude a conviction under this section.

The person committed the offense against a pregnant female;

or f.

The person committed the offense against a child.”.

SYNOPSIS This Amendment deletes a previous conviction for strangulation as an aggravating factor for determining the penalty for a conviction for strangulation or suffocation and adds as an aggravator to elevate the crime to a Class B felony if the offense was committed against a child.

This Amendment also removes repetitive language.

JMPNSW :

MAW Page 1 of 12 Released:

06/21/202206/01/2022 11:1011:14 AM 2141510739(b) (e) It is an affirmative defense that an act constituting strangulation was the result of a legitimate medical procedure.

SYNOPSIS This bill changes the definition of and class of felony for the crime of Strangulation from a class C felony to a Class D felony unless additional factors are present, then the crime elevates to a class B felony, punishable from 2-25 years in jail.

This bill also adds the crime of suffocation.