HB 264

  • Delaware House Bill
  • 151st General Assembly (2021-2022)
  • Introduced in House Jun 15, 2022
  • Passed House Jun 07, 2022
  • Passed Senate Jun 23, 2022
  • Governor

An Act To Amend Titles 10 And 11 Of The Delaware Code Relating To Protective Orders For Victims Of Sexual Violence.

Abstract

This Act permits a person who has been the victim of non-consensual sexual conduct or non-consensual sexual penetration to apply for a sexual violence protective order if the person has a reasonable fear, based on specific conduct occurring contemporaneously or subsequent to the non-consensual sexual conduct or penetration, that the perpetrator of the sexual conduct will harm the petitioner in the future. An ex parte temporary order may be issued if a petitioner proves by a preponderance of the evidence that the respondent poses an immediate and present danger of causing physical injury to the petitioner. The protective order is a civil remedy available whether or not the respondent has been charged with a crime and whether or not the petitioner reported the respondent’s conduct to law enforcement officials. The Act provides for an emergency ex parte hearing as well as a non-emergency hearing in Superior Court. Possible remedies in addition to an order restraining the respondent from any kind of contact with the petitioner include restraining the respondent form going to, or remaining in, the places a petitioner might frequent including home, school, or work. Violation of a sexual violence protective order is punishable as criminal contempt, either as a class A misdemeanor, or Class F felony if contempt of the order results in physical injury, or involved threatened use, or use of, a deadly weapon or firearm. Petitions under the Act must be verified. If any party falsely swears in a petition or hearing under the Act, the person may be liable for a misdemeanor or felony. A sexual violence protection order is available only for petitioners who would not qualify for a protection from abuse order because there is no family or dating relationship between the victim and perpetrator. The Act also makes technical corrections to existing law to make it conform to the Legislative Drafting Manual. The Act takes effect 6 months after its enactment.

Bill Sponsors (14)

Votes


Jun 23, 2022

Jun 07, 2022

Actions


Jun 23, 2022

Senate

Passed By Senate. Votes: 21 YES

Jun 22, 2022

Senate

Reported Out of Committee (Finance) in Senate with 1 Favorable, 3 On Its Merits

  • Committee-Passage
  • Committee-Passage-Favorable
Finance

Jun 15, 2022

Senate

Reported Out of Committee (Judiciary) in Senate with 1 Favorable, 3 On Its Merits

  • Committee-Passage
  • Committee-Passage-Favorable
Judiciary

Senate

Assigned to Finance Committee in Senate

  • Introduction
  • Referral-Committee
Finance

Jun 07, 2022

House

Passed By House. Votes: 36 YES 1 NO 4 ABSENT

House

Amendment HA 1 to HS 1 - Passed In House by Voice Vote

Senate

Assigned to Judiciary Committee in Senate

  • Introduction
  • Referral-Committee
Judiciary

Jun 02, 2022

House

Amendment HA 1 to HS 1 - Introduced and Placed With Bill

May 19, 2022

House

Reported Out of Committee (Appropriations) in House with 5 Favorable

  • Committee-Passage
  • Committee-Passage-Favorable
Appropriations

Jan 27, 2022

House

Assigned to Appropriations Committee in House

  • Introduction
  • Referral-Committee
Appropriations

Jan 26, 2022

House

Reported Out of Committee (Judiciary) in House with 2 Favorable, 4 On Its Merits

  • Committee-Passage
  • Committee-Passage-Favorable
Judiciary

Jan 20, 2022

House

Adopted in lieu of the original bill HB 264, and Assigned to Judiciary Committee in House

  • Introduction
  • Referral-Committee
Judiciary

Bill Text

Bill Text Versions Format
Bill Text PDF HTML
HA 1 to HS 1 for HB 264 HTML PDF

Related Documents

Document Format
Fiscal Note PDF

Sources

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