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SB 147 DE
Became Law

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO USE OF FORCE.

DE · session 151 · Senate · bill

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Introduced May 25, 2021

Latest action (Jun 30, 2021) Signed by Governor

Summary

This Act codifies a reasonableness requirement for the use of force, both non-lethal and lethal. This is important when the state of mind is an issue in a criminal trial, such as when the judge or jury must decide as to what someone believed, knew, or intended at a given time. The justification law as currently written uses the term “defendant believes” throughout its several sections. This Act makes it clear that the determination of one’s state of mind is an objective standard —that is, what a reasonable person would have believed, rather than what the defendant believed. Additionally, this Act makes clear that deadly force includes the use of a chokehold.

Sponsors (3)

14 coauthors / cosponsors

Action history (12)

  1. May 25, 2021 Introduced and Assigned to Judiciary Committee in Senate · upper
  2. Jun 8, 2021 Reported Out of Committee (Judiciary) in Senate with 3 Favorable · upper
  3. Jun 10, 2021 Passed By Senate. Votes: 14 YES 7 NO · upper
  4. Jun 11, 2021 Assigned to Public Safety & Homeland Security Committee in House · lower
  5. Jun 17, 2021 Reported Out of Committee (Public Safety & Homeland Security) in House with 1 Favorable, 4 On Its Merits, 1 Unfavorable · lower
  6. Jun 22, 2021 Amendment HA 1 to SB 147 - Introduced and Placed With Bill · upper
  7. Jun 25, 2021 Amendment HA 2 to SB 147 - Introduced and Placed With Bill · upper
  8. Jun 28, 2021 Amendment HA 3 to SB 147 - Introduced and Placed With Bill · upper
  9. Jun 29, 2021 Amendment HA 4 to SB 147 - Introduced and Placed With Bill · upper
  10. Jun 29, 2021 Amendment HA 2 to SB 147 - Defeated By House. Votes: 3 YES 38 NO · lower
  11. Jun 29, 2021 Passed By House. Votes: 25 YES 16 NO · lower
  12. Jun 30, 2021 Signed by Governor · executive

Text versions (2)

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

  • Bill Text · HTML
  • Bill Text · PDF

Full text

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