Bill Text: DE HB295 | 2011-2012 | 146th General Assembly | Draft

Delaware House Bill 295 (Prior Session Legislation)

Draft

Bill Title: An Act To Amend Title 11 Relating To The Registration Of Sex Offenders.

Spectrum: Bipartisan Bill

Status: (Passed) 2012-07-27 - Signed by Governor [HB295 Detail]

Download: Delaware-2011-HB295-Draft.html

SPONSOR:

Rep. Walker & Sen. Bushweller;

Reps. Barbieri, Bennett, Briggs King, Heffernan, Q. Johnson, Keeley, Kenton, Lavelle, Miro, Mitchell, Ramone, D. Short, Willis;Sens. Bunting, Hall-Long

HOUSE OF REPRESENTATIVES

146th GENERAL ASSEMBLY

HOUSE BILL NO. 295

AN ACT TO AMEND TITLE 11 RELATING TO THE REGISTRATION OF SEX OFFENDERS.

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

Section 1.Amend Title 11, §4120(f) of the Delaware Code by making insertions as shown by underlining which will add a new paragraph (7) as follows:

(7)For purposes of this Subchapter, �residence' shall be defined as the real property the person owns as a place ofabode, the real property the person leases as a place of abode, the real property the person uses as a place ofabode, the real property where the person vacations for a period greater than two weeks within a one-year period, and the real property where the person is an overnight guest for a period greater than two weeks within a one-year period.A sex offender may have more than one address that meets this definition of residence at the same time.If the sex offender has more than one residence address at the same time, the offender must register each of those addresses.In any prosecution for the offense of failing to re-register as a sex offender, the prosecution shall not be required to prove that the sex offender abandoned one residence in order to establish that the offender established another residence.

SYNOPSIS

This Act fills a gap regarding the definition of "residence" in Delaware's Sex Offender Registration and Notification Act ("SORNA") that was recently identified by the decision of the Delaware Supreme Court in Andrews v. State.34 A.3d 1061, 1064 (Del. 2011).Unlike many other jurisdictions, Delaware's SORNA does not specifically define what would be considered a "residence" that must be registered.As the purpose of the Delaware's SORNA is to ensure that persons are registered where they actually live or are located, this Act ensures that one must register each such location.