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Committee hears bill to raise assault penalties for postal workers amid union safety concerns

Delaware Legislature Judiciary Committee · May 13, 2026
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Summary

A committee heard House Bill 268, which would elevate assaulting a postal worker from third- to second-degree assault; state defense counsel warned the conduct may already fall under federal law, while union testimony said federal prosecution is rare and state protections are needed.

Senator Walsh introduced House Bill 268, saying the measure — developed with the National Association of Letter Carriers and the Department of Justice — would "elevat[e] the charge for assaulting a postal worker acting in the lawful performance of his or her duty, from assault in the third degree to assault in the second degree," to better protect postal employees after what she described as a rise in attacks.

Elana Mosick, legislative director with the Office of Defense Services, testified that ODS "does not support any legislation that enhances penalties or creates new crimes" and cautioned the committee that the conduct described in the bill overlaps with federal offenses already investigated by the United States Postal Inspection Service and prosecuted federally. Mosick noted federal penalties of up to 20 years for some injuries to postal workers and warned that state law should generally be directed at state employees while federal law covers federal employees.

Representing letter carriers, Sean Colleran, identified in the hearing as a state union president and introduced by the sponsor, said federal prosecution is uncommon: "In fact, nationwide, roughly 15% of all attacks on carriers are actually prosecuted federally." Colleran described local cases where assailants received short jail terms and argued that state-level protections are needed because many incidents are not pursued federally. He said the bill responds to "egregious acts" and gaps in protection for carriers who continue to work their routes after attacks.

The committee did not record a final vote on the bill during this session. Testimony presented the competing policy questions the committee will weigh: whether the bill would duplicate federal authority or provide necessary local protections for postal workers.

The committee moved on to other agenda items; no further procedural action on HB 268 was recorded at this meeting.