Delaware 2023 2023-2024 Regular Session

Delaware House Bill HB151 Engrossed / Bill

                    SPONSOR:      Rep. Morrison & Sen. Gay & Rep. Griffith & Rep. Heffernan & Rep. K. Williams & Rep. Dorsey Walker       Reps. Baumbach, Briggs King, Bush, Lambert, Neal, Osienski, Phillips, Romer, Wilson-Anton; Sens. Buckson, Hansen, Hoffner, Huxtable, Lockman, S. McBride, Pinkney, Sokola, Sturgeon, Townsend           HOUSE OF REPRESENTATIVES   152nd GENERAL ASSEMBLY       HOUSE BILL NO. 151   AS AMENDED BY   HOUSE AMENDMENT NO. 1       AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO PROTECTION FROM ABUSE PROCEEDINGS.      

     

     SPONSOR:      Rep. Morrison & Sen. Gay & Rep. Griffith & Rep. Heffernan & Rep. K. Williams & Rep. Dorsey Walker       Reps. Baumbach, Briggs King, Bush, Lambert, Neal, Osienski, Phillips, Romer, Wilson-Anton; Sens. Buckson, Hansen, Hoffner, Huxtable, Lockman, S. McBride, Pinkney, Sokola, Sturgeon, Townsend     

SPONSOR: Rep. Morrison & Sen. Gay & Rep. Griffith & Rep. Heffernan & Rep. K. Williams & Rep. Dorsey Walker
Reps. Baumbach, Briggs King, Bush, Lambert, Neal, Osienski, Phillips, Romer, Wilson-Anton; Sens. Buckson, Hansen, Hoffner, Huxtable, Lockman, S. McBride, Pinkney, Sokola, Sturgeon, Townsend

 SPONSOR:  

 Rep. Morrison & Sen. Gay & Rep. Griffith & Rep. Heffernan & Rep. K. Williams & Rep. Dorsey Walker 

 Reps. Baumbach, Briggs King, Bush, Lambert, Neal, Osienski, Phillips, Romer, Wilson-Anton; Sens. Buckson, Hansen, Hoffner, Huxtable, Lockman, S. McBride, Pinkney, Sokola, Sturgeon, Townsend 

   

 HOUSE OF REPRESENTATIVES 

 152nd GENERAL ASSEMBLY 

   

 HOUSE BILL NO. 151 

 AS AMENDED BY 

 HOUSE AMENDMENT NO. 1 

   

 AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO PROTECTION FROM ABUSE PROCEEDINGS. 

   

  BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:   Section 1. Amend 1041, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:    1041. Definitions.   The following terms shall have the following meanings:   (1) Abuse means conduct which constitutes  any of  the following:   a. Intentionally or recklessly causing or attempting to cause physical injury or a sexual offense, as defined in 761 of  Title 11;   Title 11.   b. Intentionally or recklessly placing or attempting to place another person in reasonable apprehension of physical injury or sexual offense to such person or  another;   another.   c. Intentionally or recklessly damaging, destroying or taking the tangible property of another  person;   person, including legal documents that are the property of another person.   d. Engaging in a course of alarming or distressing conduct in a manner which is likely to cause fear or emotional distress or to provoke a violent or disorderly  response;   response.   e. Trespassing on or in property of another person, or on or in property from which the trespasser has been excluded by court  order;   order.   f. Child abuse, as defined in Chapter 9 of  Title 16;   Title 16.   g. Unlawful imprisonment, kidnapping, interference with custody and coercion, as defined in  Title 11; or   Title 11.   h. Intentionally causing or attempting to cause an adult to be financially dependent by doing either or both of the following:   1. Maintaining overwhelming control over the individuals financial resources, including withholding access to money or credit cards or forbidding attendance at school or employment without reasonable justification, and against the individuals will.   2. Stealing or defrauding of money or assets, exploiting the victims resources for personal gain, or withholding physical resources such as food, clothing, necessary medications, or shelter.   h.   i.  Any other conduct which a reasonable person under the circumstances would find threatening or harmful.   Section 2. Amend 1045, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:    1045. Relief available; duration of orders, modification and termination.   (a) After consideration of a petition for a protective order, the Court may grant relief  as follows:   in the form of any of the following:   (1) Restrain the respondent from committing acts of domestic violence, as defined in 1041 of this  title;   title.   (2) Restrain the respondent from contacting or attempting to contact the  petitioner;   petitioner.   (3) Grant exclusive possession of the residence or household to the petitioner or other resident, regardless of in whose name the residence is titled or leased. Such relief shall not affect title to any real  property;   property.   (4) Order that the petitioner be given temporary possession of specified personal property solely or jointly owned by respondent or petitioner, including but not limited to, motor vehicles, checkbooks, keys and other personal  effects;   effects.   (5) Grant temporary custody of the children of the parties to the petitioner or to another family member. Either party may request visitation at any time during the proceeding. The Court may provide for visitation by separate interim visitation order pursuant to Title 13, which order shall be binding upon and enforceable against both parties. Such interim visitation order may include third-party supervision of any visitation, if necessary, in accordance with Chapters 7 and 19 of  Title 13;   Title 13.   (6) Order the respondent to pay support for the petitioner and/or for the parties children, in accordance with Chapter 5 of Title 13, including temporary housing  costs;   costs.   (7) Order the respondent to pay to the petitioner or any other family member monetary compensation for losses suffered as a direct result of domestic violence committed by the respondent, including medical, dental and counseling expenses, loss of earnings or other support, cost of repair or replacement of real or personal property damaged or taken, moving or other travel expenses and litigation costs, including attorneys  fees;   fees.   (8) Order the respondent to temporarily relinquish to a police officer or a federally-licensed firearms dealer located in Delaware the respondents firearms and to refrain from purchasing or receiving additional firearms for the duration of the order. The Court shall inform the respondent that he or she is prohibited from receiving, transporting, or possessing firearms for so long as the protective order is in  effect;   effect.   (9) Prohibit the respondent from transferring, encumbering, concealing or in any way disposing of specified property owned or leased by  parties;   parties.   (10) Order the respondent, petitioner and other protected class members, individually and/or as a group, to participate in treatment or counseling  programs;   programs.   (11) Issue an order directing any law-enforcement agency to forthwith search for and seize firearms of the respondent upon a showing by the petitioner that the respondent has possession of a firearm, and    a. Petitioner can describe, with sufficient particularity, both the type and location of the firearm or firearms; and   b. Respondent has used or threatened to use a firearm against the petitioner, or the petitioner expresses a fear that the respondent may use a firearm against  them;   them.   (12) Order the respondent to return specified legal documents, such as passport, immigration papers, or social security card.   (12)   (13)  Grant any other reasonable relief necessary or appropriate to prevent or reduce the likelihood of future domestic violence.   Section 3. This Act takes effect 90 days after its enactment.      

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

 Section 1. Amend 1041, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 

  1041. Definitions. 

 The following terms shall have the following meanings: 

 (1) Abuse means conduct which constitutes  any of  the following: 

 a. Intentionally or recklessly causing or attempting to cause physical injury or a sexual offense, as defined in 761 of  Title 11;   Title 11. 

 b. Intentionally or recklessly placing or attempting to place another person in reasonable apprehension of physical injury or sexual offense to such person or  another;   another. 

 c. Intentionally or recklessly damaging, destroying or taking the tangible property of another  person;   person, including legal documents that are the property of another person. 

 d. Engaging in a course of alarming or distressing conduct in a manner which is likely to cause fear or emotional distress or to provoke a violent or disorderly  response;   response. 

 e. Trespassing on or in property of another person, or on or in property from which the trespasser has been excluded by court  order;   order. 

 f. Child abuse, as defined in Chapter 9 of  Title 16;   Title 16. 

 g. Unlawful imprisonment, kidnapping, interference with custody and coercion, as defined in  Title 11; or   Title 11. 

 h. Intentionally causing or attempting to cause an adult to be financially dependent by doing either or both of the following: 

 1. Maintaining overwhelming control over the individuals financial resources, including withholding access to money or credit cards or forbidding attendance at school or employment without reasonable justification, and against the individuals will. 

 2. Stealing or defrauding of money or assets, exploiting the victims resources for personal gain, or withholding physical resources such as food, clothing, necessary medications, or shelter. 

 h.   i.  Any other conduct which a reasonable person under the circumstances would find threatening or harmful. 

 Section 2. Amend 1045, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 

  1045. Relief available; duration of orders, modification and termination. 

 (a) After consideration of a petition for a protective order, the Court may grant relief  as follows:   in the form of any of the following: 

 (1) Restrain the respondent from committing acts of domestic violence, as defined in 1041 of this  title;   title. 

 (2) Restrain the respondent from contacting or attempting to contact the  petitioner;   petitioner. 

 (3) Grant exclusive possession of the residence or household to the petitioner or other resident, regardless of in whose name the residence is titled or leased. Such relief shall not affect title to any real  property;   property. 

 (4) Order that the petitioner be given temporary possession of specified personal property solely or jointly owned by respondent or petitioner, including but not limited to, motor vehicles, checkbooks, keys and other personal  effects;   effects. 

 (5) Grant temporary custody of the children of the parties to the petitioner or to another family member. Either party may request visitation at any time during the proceeding. The Court may provide for visitation by separate interim visitation order pursuant to Title 13, which order shall be binding upon and enforceable against both parties. Such interim visitation order may include third-party supervision of any visitation, if necessary, in accordance with Chapters 7 and 19 of  Title 13;   Title 13. 

 (6) Order the respondent to pay support for the petitioner and/or for the parties children, in accordance with Chapter 5 of Title 13, including temporary housing  costs;   costs. 

 (7) Order the respondent to pay to the petitioner or any other family member monetary compensation for losses suffered as a direct result of domestic violence committed by the respondent, including medical, dental and counseling expenses, loss of earnings or other support, cost of repair or replacement of real or personal property damaged or taken, moving or other travel expenses and litigation costs, including attorneys  fees;   fees. 

 (8) Order the respondent to temporarily relinquish to a police officer or a federally-licensed firearms dealer located in Delaware the respondents firearms and to refrain from purchasing or receiving additional firearms for the duration of the order. The Court shall inform the respondent that he or she is prohibited from receiving, transporting, or possessing firearms for so long as the protective order is in  effect;   effect. 

 (9) Prohibit the respondent from transferring, encumbering, concealing or in any way disposing of specified property owned or leased by  parties;   parties. 

 (10) Order the respondent, petitioner and other protected class members, individually and/or as a group, to participate in treatment or counseling  programs;   programs. 

 (11) Issue an order directing any law-enforcement agency to forthwith search for and seize firearms of the respondent upon a showing by the petitioner that the respondent has possession of a firearm, and  

 a. Petitioner can describe, with sufficient particularity, both the type and location of the firearm or firearms; and 

 b. Respondent has used or threatened to use a firearm against the petitioner, or the petitioner expresses a fear that the respondent may use a firearm against  them;   them. 

 (12) Order the respondent to return specified legal documents, such as passport, immigration papers, or social security card. 

 (12)   (13)  Grant any other reasonable relief necessary or appropriate to prevent or reduce the likelihood of future domestic violence. 

 Section 3. This Act takes effect 90 days after its enactment.