Bill Text: DE HB359 | 2011-2012 | 146th General Assembly | Draft

Delaware House Bill 359 (Prior Session Legislation)

Draft

Bill Title: An Act To Amend Title 10 Of The Delaware Code Relating To Pleadings And Practice.

Sponsorship: Moderate Partisan Bill (Republican 8-2)

Status: (Introduced - Dead) 2012-06-05 - Introduced and Assigned to Judiciary Committee in House [HB359 Detail]

Download: Delaware-2011-HB359-Draft.html

SPONSOR:	Rep. Lavelle & Sen. Katz;
	Reps. Hocker, Briggs King, Hudson, Miro, Outten, Ramone, Bennett

HOUSE OF REPRESENTATIVES

146th GENERAL ASSEMBLY

HOUSE BILL NO. 359

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO PLEADINGS AND PRACTICE.

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

Section 1.Amend §8145 of Title 10 of the Delaware Code by adding the following new subsection as shown by underlining:

(d) In any civil action brought to recover damages based on childhood sexual abuse, neither the State, nor any political subdivision of the State, including school districts, shall be entitled to the privileges and immunities provided in Chapter 40 of this Title, nor sovereign immunity under Article I, §9 of the 1897 Constitution of Delaware, as amended, provided, however, that any award pursuant to subsection (d) of this section must require a finding of gross negligence on the part of the legal entity.

SYNOPSIS

This bill waives the sovereign immunity defense as to the State and its political subdivisions, including school districts, for sexual abuse of a minor by an adult, provided, however, there must be a finding of gross negligence on the part of the State or political subdivision..