Delaware Senate Bill SB73

Delaware 2025-2026 Regular Session

• Introduced: 3/13/25
• Refer: 3/13/25
• Engrossed: 4/8/25
• Refer: 4/9/25
• Enrolled: 6/12/25

Caption

An Act To Amend Title 10 Of The Delaware Code Relating To Lethal Violence Protective Orders.

Impact

By restricting the ability to file for emergency relief to law enforcement officers, SB73 seeks to enhance the procedure around LVPOs and mitigate risks associated with unqualified filings. This reformation reflects a legislative intention to prevent complications that could arise from allowing individuals to file such urgent requests, ensuring that there is a clear protocol in place that aligns with existing statutes. The adjustment could potentially influence how quickly and effectively interventions can be administered in cases of lethality threats.

Summary

Senate Bill 73 aims to amend Title 10 of the Delaware Code concerning Lethal Violence Protective Orders (LVPO). The bill clarifies that only law enforcement officers may petition for emergency relief in the Justice of the Peace Court. This change addresses ambiguities in the current statute regarding who is qualified to file petitions for emergency LVPOs. The intent is to streamline the process and ensure that emergency petitions are handled through law enforcement agencies rather than being filed directly by members of the public.

Sentiment

The sentiment around SB73 appears to be supportive among law enforcement and policymakers who highlight the importance of ensuring that only trained professionals handle emergency situations involving lethal threats. However, there may be concerns from advocacy groups or individuals who advocate for greater access to protection orders, fearing that such restrictions could hinder the ability of vulnerable individuals to seek immediate protection in crisis situations. The debate is likely centered on balancing safety with accessibility.

Contention

Notable points of contention regarding SB73 focus on the narrowing of the petitioner base to law enforcement, which some argue could limit the availability of protective measures for individuals in need. Critics might argue that this could create barriers for victims seeking immediate assistance, especially in regions where law enforcement response may be delayed or inadequate. The discussions around the bill emphasize the tension between ensuring efficient legal processes and maintaining access to protective mechanisms for citizens.