HB 75 Delaware House · 153rd General Assembly (2025-2026)

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE STATUTE OF LIMITATIONS FOR CIVIL CLAIMS BASED ON SEXUAL ABUSE OF A MINOR.

Summary
A victim of child sexual abuse that occurred in this State who has been barred from filing suit against the victim’s abuser by virtue of the expiration of a former civil statute of limitations are permitted to file these claims in the Superior Court of this state at any time. This is intended to apply retroactively.
Bill status passed both 4 of 5 stages cleared
Introduction
Mar 2025
Committee Review
Mar 2026
House Passage
Jun 2025
Senate Passage
Jul 2026
Governor
Introduced Mar 11, 2025 Last action Jul 1, 2026
Maddy AI version diff · 1 comparison

What changed between versions

SA 3 to HB 75 Bill Text · 8 edits
MODERATE
The final Bill Text replaces the detailed Senate Amendment No. 3 with a simpler version of HB 75 that removes damages caps, joint tortfeasor exclusions, and evidentiary standards for deceased abusers, while adding a legislative history preamble and an attorneys' fees provision for malicious false accusations. The net effect is to make it easier for victims to recover larger amounts from both abusers and institutions, but with a new fee-shifting mechanism to deter baseless claims.
FISCAL

Removed the $500,000 cap on damages recoverable from the alleged abuser and the separate $500,000 cap on damages recoverable from a legal entity found liable.

REQUIREMENT

Removed the provision excluding the alleged abuser and the employing entity from being treated as joint tortfeasors under the Uniform Contribution Among Tortfeasors Law, which previously limited how liability could be shared between them.

The gross negligence standard for legal entities is retained in subsection (b) but the distinction between pre-2007 abuse (gross negligence required) and post-2007 abuse (ordinary negligence sufficient) that was in SA 3 is not carried forward into the final text.

ELIGIBILITY

Removed the evidentiary criteria that allowed a civil cause of action to proceed against a deceased or incompetent abuser based on prima facie evidence such as an admission or contemporaneous records.

DEFINITION

Removed formal definitions for 'alleged abuser,' 'person' (including detailed treatment of series entities), 'employed/employee' (including volunteers and independent contractors), and 'sexual abuse.'

SCOPE

Added a WHEREAS preamble reciting the history of the Child Victim's Act of 2007, the Sheehan v. Oblates court decision upholding its constitutionality, and the purpose of giving full access to justice regardless of when the abuse occurred.

The sovereign immunity waiver is retained but simplified: the final text states broadly that 'the State waives sovereign immunity' without the detailed enumeration of charitable organizations, educational institutions, hospitals, and political subdivisions found in SA 3.

ENFORCEMENT

Added a provision allowing a person against whom a suit is filed to recover attorneys' fees if the Court independently finds that a false accusation was made with no basis in fact and with malicious intent, noting that a verdict in favor of the accused alone is insufficient.

Floor votes · Senate Jul 1, 2026 · House Jun 30, 2025

How they voted

200
Passed · 1 other
Total votes 21
Jul 1, 2026
D Democratic15
15 Yea
100% Yea
R Republican6
5 Yea 1
83% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
13
Key actions
5
Committee
2
Amendments
6
Jul 1, 2026
Upper · Passed
Passed By Senate. Votes: 20 YES 1 ABSENT
upper
Jul 1, 2026
Upper · Passed
Amendment SA 3 to HB 75 - Passed By Senate. Votes: 14 YES 6 NO 1 ABSENT
upper
Jul 1, 2026
Introduced
Amendment SA 2 to HB 75 - Stricken in Senate
upper
Jul 1, 2026
Introduced
Amendment SA 3 to HB 75 - Introduced and Placed With Bill
lower
Jul 1, 2026
Introduced
Amendment SA 2 to HB 75 - Introduced and Placed With Bill
lower
Jul 1, 2026
Introduced
Amendment SA 1 to HB 75 - Stricken in Senate
upper
Jun 29, 2026
Introduced
Amendment SA 1 to HB 75 - Introduced and Placed With Bill
lower
Mar 25, 2026
Upper · Passed
Reported Out of Committee (Judiciary) in Senate with 2 Favorable, 3 On Its Merits
upper
Jul 1, 2025
Introduced
Assigned to Judiciary Committee in Senate
upper
Jun 30, 2025
Lower · Passed
Passed By House. Votes: 40 YES 1 VACANT
lower
Apr 9, 2025
Lower · Passed
Reported Out of Committee (Judiciary) in House with 9 Favorable, 1 On Its Merits
lower
Mar 11, 2025
Introduced
Introduced and Assigned to Judiciary Committee in House
lower
17 primary · 0 co-sponsors

Sponsors