CHAPTER 330

FORMERLY

HOUSE BILL NO. 239

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DISTRIBUTION OR DELIVERY OF A CONTROLLED SUBSTANCE CAUSING DEATH.

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

Section 1. Amend Chapter 47, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4752B. Drug Dealing – Resulting in death; class B felony.

(a) A person is guilty of drug dealing resulting in death when the person delivers a Schedule I or II controlled substance in Tier 1 or greater quantity to another person in violation of this chapter, and said controlled substance thereafter causes the death of another person who uses or consumes it.

(b) It is not a defense to a prosecution under this section that the defendant did not directly deliver the controlled substance to the decedent.

(c) It is an affirmative defense to a prosecution under this section that the defendant made a good faith effort to promptly seek, provide, or obtain emergency medical or law enforcement assistance to another person who was experiencing a medical emergency after using a Schedule I or II controlled substance, and whose death would otherwise form the basis for criminal liability under this section.

(d) Any person who violates subsection (a) of this section is guilty of a class B felony.

Section 2. This Act shall be known as Brock Cerklefskie’s Law.

Approved July 21, 2016