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Bill to treat assaults on elected officials like assaults on state employees fails to clear House Judiciary committee
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Summary
House Bill 3 16, which would have added elected officials to the statute elevating penalties for assaults on state employees, failed on a committee roll call after members disputed whether off‑duty incidents should carry enhanced penalties.
Representative Morrison introduced House Bill 3 16 to amend Title 11 to treat physical injury to elected officials, when the assault is due to their elected position, the same as assaults on state employees. Morrison said recent targeted political violence and a personal stalking incident at Legislative Hall motivated the proposal and noted the Delaware Attorney General’s Office had no concerns.
Morrison described being stalked in the Capitol and quoted the incident: "Your days are numbered," which she said she reported to Capitol Police. She argued the measure only clarifies existing protections to cover off‑duty attacks that are tied to a person’s elected position and that charging decisions would remain fact dependent.
Several committee members pushed back. Representative Jones Giltner said the bill "feels like it's elevating" elected officials above the people they represent and questioned whether assaults that occur when lawmakers are not performing official duties should receive enhanced penalties. Others noted existing protections for state employees and asked why legislators should be singled out for additional sentencing.
Christie Annelli of the Delaware Department of Justice told the committee the proposed language would direct charging attorneys to determine whether the nature of an assault is related to the official’s public position and stressed those decisions would turn on the facts of each case.
After limited public comment, Representative Phillips moved to release the bill and Representative Romer seconded. The clerk conducted a roll call but reported the committee did not have the number of votes necessary to release the measure; the motion failed and HB3 16 was not reported out of committee.
The committee record shows a mix of recorded 'yes' and 'no' votes; the clerk concluded there were insufficient votes to pass the motion. No additional action on the bill was taken during the hearing and the matter remains pending.
