SB 219

Abstract

While Delaware has, for the most part, escaped the extreme actions of mobs experienced elsewhere, and enjoyed the benefits of mostly peaceful exercise of First Amendment rights by people seriously expressing a perceived need for change, other jurisdictions have been faced with situations where a lack of sufficient legal tools have impeded the ability of authorities to adequately protect both public and private property as well as the lives of the innocent. This Act is one of 4 Acts designed to address those weaknesses and to ensure that should they be needed, Delawareans will be properly and appropriately protected. The Acts provide the courts, law enforcement, and prosecutors with additional tools with which to deal with destructive and dangerous conduct during times of civil disorder. Specifically, this Act enhances the existing law by making it a crime to do the following: (1) Unlawfully manufacture, transfer, or possess, during a civil disorder event, a bomb, incendiary device, Molotov cocktail, or device designed to explode or produce uncontained combustion. (2) Throw, launch, or otherwise use an ignited or otherwise activated bomb, incendiary device, Molotov cocktail, or device designed to explode or produce uncontained combustion during a civil disorder event. (3) Throw, launch, or otherwise use an ignited or otherwise activated bomb, incendiary device, Molotov cocktail, or device designed to explode or produce uncontained combustion during a civil disorder event and injure another person. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.