Criminal Justice

This Act aligns the definition of child sex trafficking victim with the federal Trafficking Victims Protection Act (TVPA) of 2000. Under the federal TVPA of 2000, any minor who engages in commercial sex is identified as a trafficking victim regardless of whether a trafficker or controlling third party (e.g. a pimp) is involved or identified. The requirement of a third party minimizes the role buyers play in fueling demand and engaging in the exploitation that trafficking laws are designed to punish and prevents minor victims from being identified as victims. To align with the TVPA of 2000, the offenses of trafficking an individual and sexual servitude are amended so that the obtaining or purchasing of a minor for the purpose of commercial sexual activity is an offense, regardless of whether there is present a third party who maintains or makes that minor available. By ensuring these minors are identified as human trafficking victims, these minors will gain access to federal and state resources to support recovery. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act defines terms used in Chapter 66, Title 16 of the Delaware Code for clarity. It also provides the State Fire Prevention Commission with the authority to receive and review criminal history records of applicants and members to determine whether the applicant or member is prohibited from serving as a member of a fire company. An applicant or member is not qualified to serve as a member if the individual’s criminal history record includes a crime listed in this Act, including felonies, specified financial or property crimes, sex crimes, specified crimes against a victim who is acting in the lawful performance of the victim’s duty, or crimes involving controlled substances or designer drugs. This Act updates the criminal history record language in Chapter 66, Title 16 to ensure Delaware law meets the requirements of the Federal Bureau of Investigation in requesting federal criminal history records. This Act also makes technical corrections to make existing law conform to the standards of the Delaware Legislative Drafting Manual.

This House Joint Resolution directs the Judiciary to establish a Working Group to explore the feasibility of establishing a Housing Opportunity and Poverty Elimination (HOPE) Court Program in partnership with State agencies and community organizations and to provide recommendations for statewide implementation.

Like the original bill, Senate Substitute 1 for Senate Bill 314 modernizes the Rape Shield provisions in Title 11 of the Delaware Code, §§ 3508 and 3509 and provides that in any prosecution for any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, any evidence that the complaining witness made a false accusation of unlawful sexual conduct against any person on another occasion is inadmissible unless it complies with the procedure set forth in § 3508 of Title 11, is relevant and is material to a fact in issue in the case, and the inflammatory or prejudicial nature of the evidence does not outweigh the probative value of the evidence. This Senate Substitute differs from the original in that it establishes a separate procedure under § 3508(b) of Title 11 to address prior false accusations of unlawful sexual conduct by the complaining witness, providing a distinct set of standards for handling the unique issues surrounding this type of evidence.

This Act requires that the court consider the existence of a military protective order as a factor in favor of granting an emergency protective order or a temporary sexual violence protective order. It further requires that a law-enforcement officer notify the agency that entered a military protective order against an individual, if the law-enforcement officer has probable cause to believe that the individual violated the military protective order.

This Act makes it a crime for any person to either cross a marked barrier established by a first responder, or, after receiving a warning not to approach from a first responder who is engaged in the lawful performance of a legal duty, to violate the warning and approach or remain within 25 feet of the first responder, with the intent to do any of the following: (1) Impede or interfere with the first responder’s ability to perform the first responder’s legal duty. (2) Threaten the first responder with physical injury, serious physical injury, or death. For purposes of this Act, a first responder means a law-enforcement officer, volunteer or paid firefighter, emergency medical technician, paramedic, or fire police officer.

This Substitute for House Bill No. 368 is similar to the original bill in that it sets limits around the actions of law-enforcement agencies and officers, including the Department of Correction. Primarily, the bill prohibits detaining or extending the detention of any person based solely upon an immigration detainer or civil immigration warrant, with exceptions for a person who has been convicted of a violent felony, is a convicted sex offender, has 3 or more convictions for driving under the influence, or is a perpetrator of domestic violence. It also prohibits other law-enforcement actions relating to cooperation or enforcement of civil immigration law, requires certain reports from law-enforcement agencies, and grants the Attorney General investigative and enforcement power. This Substitute Bill is different from House Bill No. 368 in that it clarifies that law-enforcement may make limited inquiries regarding country of citizenship for purposes of complying with consular agreements, clarifies that initiating contact with federal immigration authorities is allowed only in limited circumstances set forth in this chapter, and makes technical corrections to ensure consistent terms are used throughout the chapter.

This Act makes it a crime to knowingly manufacture, sell, offer to sell, transfer, or possess a vehicle security circumvention device, or to aid or permit another to use a vehicle security circumvention device. This Act also requires individuals to report a lost or stolen vehicle security circumvention device to a law enforcement agency within 48 hours of becoming aware of the loss or theft. This Act does not include a special penalty as the Chapter already provides a penalty for misdemeanors, which includes a fine not less than $28.75 nor more than $115, or imprisonment not less than 30 days nor more than 90 days, or both. Additionally, for each subsequent offense the person shall be fined not less than $115 nor more than $230, or imprisoned not less than 90 days nor more than 6 months, or both. This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to create a new crime within the jurisdiction of the Court of Common Pleas, Family Court, or Justice of the Peace Court.

Current law prohibits persons subject to Family Court protective orders from purchasing or possessing deadly weapons, with some exceptions. This Act extends this prohibition to individuals with out-of-state protective orders as well.

The purpose of this Act is to protect victims of sexual assault, discrimination, or harassment from retaliatory lawsuits that arise when a victim of sexual assault discloses information regarding an act of sexual assault, discrimination, or harassment. Specifically, this Act protects assault victims from defamation lawsuits by placing a higher burden of proof on the complainant, even if the complainant is a private figure. It also entitles a prevailing defendant in a defamation lawsuit to attorneys’ fees and costs, actual damages, and punitive damages.