CHAPTER 374

FORMERLY

SENATE BILL NO. 345

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CERTAIN CRIMES.

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

Section 1 . Amend Section 222(5) of Title 11 of the Delaware Code by adding after the phrase "death or serious physical injury" as it appears in said subdivision the phrase ", or any disabling chemical spray, as defined in subdivision (7) of this section".

Section 2. Amend Section 222 of Title 11 of the Delaware Code by adding to said section a new subdivision to be designated as subdivision "(7)", to read as follows:

"(7) 'Disabling Chemical Spray' includes mace, tear gas, pepper spray, or any other mixture containing quantities thereof, or any other aerosol spray or any liquid, gaseous or solid substance capable of producing temporary physical discomfort, disability or injury through being vaporized or otherwise dispersed in the air, or any cannister, container or device designed or intended to carry, store or disperse such aerosol spray or such gas or solid."; and by redesignating the remaining subdivisions of the section accordingly.

Section 3. Amend Section 222(6) of Title 11 of the Delaware Code by deleting the phrase "subdivision (10)" as it appears in said subdivision, and by inserting in lieu thereof the phrase "subdivision (11)".

Section 4. Amend Section 612(a)(7) of Title 11 of the Delaware Code by adding between the phrases "performance o.(the officer's duties," and "with any aerosol" as they appear in said paragraph, the phrase "any disabling chemical spray, or".

Section 5. Amend Section 612(a)(8) of Title 11 of the Delaware Code by adding between the phrases "any other person" and "with any aerosol" as they appear in said paragraph, the phrase "any disabling chemical spray, or".

Section 6. Amend Section 1443 of Title 11 of the Delaware Code by deleting the last sentence of said section and substituting in lieu thereof the following:

"(c) For the purposes of this section, disabling chemical spray, as defined in Section 22.2 of this Title, shall not be considered to be a dangerous instrument.

(d) Carrying a concealed dangerous instrument is a class A misdemeanor."

Section 7. Amend Section 1458(a) of Title 11 of the Delaware Code by deleting the word "mace" as it appears in said subsection, and by substituting in lieu thereof the phrase "disabling chemical spray".

Section 8. The repeal or amendment of any statute by this Act shall not have the effect of releasing or extinguishing any penalty, forfeiture or liability incurred under such statute, and such statute shall be treated as remaining in full force and effect for the purpose of sustaining any proper action or prosecution ,for the enforcement of such penalty, forfeiture or liability. Any action, case, prosecution, trial or other legal proceeding in progress under or pursuant to any statute repealed or amended by this Act shall be preserved and shall not become illegal or terminated, irrespective of the state of such proceeding. For the purpose of such proceedings, the prior law shall remain in full force and effect.

Approved July 7, 1998