Bill Text: DE HB265 | 2015-2016 | 148th General Assembly | Draft

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Bill Title: An Act To Amend Title 11 Of The Delaware Code Relating To Sexual Offenders.

Spectrum: Strong Partisan Bill (Republican 12-1)

Status: (Introduced - Dead) 2016-03-10 - Amendment HA 1 - Introduced and Placed With Bill [HB265 Detail]

Download: Delaware-2015-HB265-Draft.html

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SPONSOR:	Rep. Hensley & Sen. Lopez;
	Reps. D. Short, Hudson, Dukes, Gray, Kenton, Outten, Ramone, Spiegelman, Wilson, K. Williams; Sen. Hocker

HOUSE OF REPRESENTATIVES

148th GENERAL ASSEMBLY

HOUSE BILL NO. 265

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SEXUAL OFFENDERS.

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

Section 1.Amend §1112, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§1112 Sexual offenders; prohibitions from school zones.

(a) Any person who is a sexual offender and who:

(1) Resides on or within 500 feet of the property of any school shall be guilty of a class G felony.

(2) Loiters on or within 500 feet of the property of any school shall be guilty of a class F felony.

(b) For purposes of this section, the following definitions shall apply:

(1) "Loiter" means:

a. Standing, sitting idly, whether or not the person is in a vehicle, or remaining in or around school property, while not having reason or relationship involving custody of or responsibility for a pupil or any other specific or legitimate reason for being there; or

b. Standing, sitting idly, whether or not the person is in a vehicle, or remaining in or around school property, for the purpose of engaging or soliciting another person to engage in sexual intercourse, sexual penetration, sexual contact, or sexual harassment, sexual extortion, or indecent exposure.

(2) "Reside" means to dwell permanently or continuously or to occupy a dwelling or home as one's permanent or temporary place of abode.

(3) "School" means any preschool, kindergarten, elementary school, secondary school, vocational technical school or any other institution which has as its primary purpose the education or instruction of children under 16 years of age, or any facility providing child care service that is licensed with the State of Delaware Office of Child Care Licensing.

SYNOPSIS

This Bill will add licensed child care centers within the definition of "School" as it applies to the section of the code making it a crime for any person who is a sex offender to reside or loiter within 500 feet of a "School".