Bill Text: DE HB414 | 2021-2022 | 151st General Assembly | Draft

Delaware House Bill 414 (Prior Session Legislation)

Draft

Bill Title: An Act To Amend Title 10 Of The Delawae Code Relating To Protection From Abuse.

Spectrum: Strong Partisan Bill (Democrat 11-1)

Status: (Introduced - Dead) 2022-05-10 - Introduced and Assigned to Judiciary Committee in House [HB414 Detail]

Download: Delaware-2021-HB414-Draft.html

SPONSOR:	Rep. Morrison & Rep. Griffith & Sen. Sturgeon
Reps. Baumbach, Heffernan, Kowalko, Michael Smith, Wilson-Anton; Sens. S. McBride, Sokola, Townsend

HOUSE OF REPRESENTATIVES

151st GENERAL ASSEMBLY

HOUSE BILL NO. 414

AN ACT TO AMEND TITLE 10 OF THE DELAWAE CODE RELATING TO PROTECTION FROM ABUSE.

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

Section 1. Amend Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 1041. Definitions.

The following terms shall have the following meanings:

(1) “Abuse” means conduct which constitutes the following:

a. Intentionally or recklessly causing or attempting to cause physical injury or a sexual offense, as defined in § 761 of Title 11; Title 11.

b. Intentionally or recklessly placing or attempting to place another person in reasonable apprehension of physical injury or sexual offense to such person or another; another.

c. Intentionally or recklessly damaging, destroying or taking the tangible property of another person; person,

d. Engaging in a course of alarming or distressing conduct in a manner which is likely to cause fear or emotional distress or to provoke a violent or disorderly response; response.

e. Trespassing on or in property of another person, or on or in property from which the trespasser has been excluded by court order; order.

f. Child abuse, as defined in Chapter 9 of Title 16; Title 16.

g. Unlawful imprisonment, kidnapping, interference with custody and coercion, as defined in Title 11; or Title 11.

h. Any other conduct which a reasonable person under the circumstances would find threatening or harmful. Engaging in coercive conduct, as defined in §791 of Title 11, that interferes with, controls, or restricts an individual’s ability to acquire, access, use, or maintain their finances or financial resources. Such conduct includes:

1. Restricting or withholding access to money, bank accounts, debit or credit cards, or other assets.

2. Unauthorized use or misuse of an individual’s personal identity.

3. Interfering with an individual’s employment or education.

4. Restricting or withholding access to food, clothing, medication, transportation or housing.

5. Financial exploitation.

i. Any other conduct which a reasonable person under the circumstances would find threatening or harmful.

SYNOPSIS

This Act adds coercive conduct which restricts, controls, or interferes with an individual’s finances or financial resources including their bank accounts, credit cards, employment, education, and personal identity to the definition of “abuse” under Protection from Abuse Proceedings section in Title 10. The Act also makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.