AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO SEXUAL VIOLENCE PROTECTIVE ORDERS.

Plain English Breakdown

The effective date is missing from the provided metadata; the law has passed but may require further action before taking effect.

Changes to Rules on Sexual Violence Protective Orders

This bill changes how Delaware courts decide whether to deny sexual violence protective orders by listing specific reasons that cannot be used for denial.

What This Bill Does

• Amends Title 10 of the Delaware Code regarding nonemergency proceedings for protective orders.
• Requires Superior Courts to stop using certain evidence when deciding to deny a petition.
• States that an order may not be denied because the person accused was voluntarily intoxicated during the alleged acts.
• States that an order may not be denied because the petitioner (the person asking for protection) was voluntarily intoxicated.
• Prohibits denying an order based on evidence of limited consensual sexual touching between the parties.
• Prevents courts from using a failure to report the incident to law enforcement as a reason to deny the order.

Who It Names or Affects

• The Superior Court in Delaware when hearing nonemergency protective order cases.
• Petitioners who request sexual violence protective orders.
• Respondents accused of sexual violence or threatening conduct.

Limits and Unknowns

• This law only limits reasons courts can use to deny an order; it does not ban these topics from being discussed in other parts of a case.
• The effective date is not listed in the provided text, so it is unknown when this rule starts.

Official Summary Text

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO SEXUAL VIOLENCE PROTECTIVE ORDERS.
This Act changes the criteria for granting or denying a sexual violence protective order by prohibiting the consideration of certain information only in the decision to deny a protective order rather than prohibiting its consideration at all.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Griffith & Sen. Poore

Rep. Romer; Sens. Pinkney, Hoffner

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 421

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO SEXUAL VIOLENCE PROTECTIVE ORDERS.

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

Section 1. Amend § 7205, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 7205. Nonemergency proceedings.

(b) The following procedures govern a nonemergency proceeding:

(7)

The Superior Court must not consider the following evidence in determining whether to grant or deny a petition:

A petition for a sexual violence protective order may not be denied based on evidence that:

a. The respondent was voluntarily intoxicated when any of the acts alleged occurred.

b. The petitioner was voluntarily intoxicated.

c. The petitioner engaged in limited consensual sexual touching with the respondent.

d. The petitioner did not report respondent’s non-consensual sexual conduct or non-consensual sexual penetration or contemporaneous or subsequent threatening conduct to law-enforcement officials.

SYNOPSIS

This Act changes the criteria for granting or denying a sexual violence protective order by prohibiting the consideration of certain information only in the decision to deny a protective order rather than prohibiting its consideration at all.