Bill Text: DE HB445 | 2009-2010 | 145th General Assembly | Draft
Bill Title: An Act To Amend Title 11 Of The Delaware Code Relating To Specific Offenses.
Sponsorship: Slight Partisan Bill (Democrat 4-2)
Status: (Introduced - Dead) 2010-06-03 - Introduced and Assigned to Judiciary Committee in House [HB445 Detail]
Download: Delaware-2009-HB445-Draft.html
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SPONSOR: |
Rep. D.E. Williams & Sen. Henry; |
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Reps. Hocker, Hudson, Q. Johnson, Keeley |
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HOUSE OF REPRESENTATIVES 145th GENERAL ASSEMBLY |
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HOUSE BILL NO. 445 |
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AN ACT TO AMEND TITLE 11 OF THE |
Section 1.Amend Title 11 of the Delaware Code by adding a new §1128 as follows:
"§1128.Sexual offenders; prohibitions from child care.
(a)Any person who is a sexual offender and who:
(1)Resides in a child care facility shall be guilty of a class G felony.
(2)Loiters on or within 500 feet of the property of any child care facility 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 the property of a child care facility, while not having reason or relationship involving custody of or responsibility for a child at the child care facility 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 the property of a child care facility, 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)"Child care facility" means any building in which child care, as defined in §342 of Title 31, is provided.
(4)"Sexual offender" shall mean any person who:
a.Has been convicted in this State of the commission or attempt to commit any sexual offense upon a child under 16 years of age under §767, §768, � 769, §770, §771, §772, §773, §1108, §1109, §1111, and/or §1112A of this title; or
b.Has been discharged or paroled from a penal institution where that person was confined because of the commission or attempt to commit 1 or more of the offenses enumerated in paragraph (b)(4)a. of this section; or
c.Has been adjudged guilty but mentally ill under §401 of this title or not guilty by reason of insanity under §401 of this title for the commission or attempt to commit one or more of the offenses enumerated in paragraph a. of this subsection; or
d.Has been convicted in any other state of any offense which, if committed or attempted in this State, would have been punishable as one or more of the offenses enumerated in paragraph (b)(4)a. of this section.
(c)It shall not be a defense to a prosecution for a violation of this section that the person was unaware that the prohibited conduct took place on or within any child care facility.".
SYNOPSIS
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This bill prohibits registered sex offenders from residing in or loitering near a facility that is subject to licensure as a provider of child care services by the Office of Child Care Licensing.The bill clarifies "loitering" as it applies to registered sex offenders near a child care facility, mirrored after the statute on sex offenders and schools. |
