DE HB264 | 2021-2022 | 151st General Assembly

Status

Completed Legislative Action
Spectrum: Partisan Bill (Democrat 14-0)
Status: Passed on October 10 2022 - 100% progression
Action: 2022-10-10 - Signed by Governor
Text: Latest bill text (Engrossed) [HTML]

Summary

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 respondents conduct to law enforcement officials. The Act provides for an emergency ex parte hearing as well as a non-emergency hearing in Superior Court.

Tracking Information

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Title

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

Sponsors


Roll Calls

2022-06-23 - Senate - Senate Third Reading (Y: 21 N: 0 NV: 0 Abs: 0) [PASS]
2022-06-07 - House - House Third Reading (Y: 36 N: 1 NV: 0 Abs: 4) [PASS]

History

DateChamberAction
2022-10-10 Signed by Governor
2022-06-23 Passed By Senate. Votes: 21 YES
2022-06-22 Reported Out of Committee (Finance) in Senate with 1 Favorable, 3 On Its Merits
2022-06-15 Assigned to Finance Committee in Senate
2022-06-15 Reported Out of Committee (Judiciary) in Senate with 1 Favorable, 3 On Its Merits
2022-06-07 Assigned to Judiciary Committee in Senate
2022-06-07 Passed By House. Votes: 36 YES 1 NO 4 ABSENT
2022-06-07 Amendment HA 1 to HS 1 - Passed In House by Voice Vote
2022-06-02 Amendment HA 1 to HS 1 - Introduced and Placed With Bill
2022-05-19 Reported Out of Committee (Appropriations) in House with 5 Favorable
2022-01-27 Assigned to Appropriations Committee in House
2022-01-26 Reported Out of Committee (Judiciary) in House with 2 Favorable, 4 On Its Merits
2022-01-20 Adopted in lieu of the original bill HB 264, and Assigned to Judiciary Committee in House

Delaware State Sources


Bill Comments

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