State of Delaware – Domestic Violence Coordinating Council
Legislation (1993 – present)
1993
SB 156, Amending Title 13 of the DE Code creating a Domestic Violence Coordinating Council; Signed 7/1/1993
SB 153 with SA 1 & 2, Amending Title 10, Chapter 9 of the DE Code relating to a Domestic Violence Diversion Program in Family Court, effective 30 days after enactment; Signed 7/1/1993
SB 155 with SA 1, Amending Chapter 25, Title 29 of the DE Code relating to Mandatory Training of Deputy Attorneys General; Signed 7/1/1993
SB 184, Amending Title 10 and Title 11 of the DE Code establishing a Protection from Abuse Statute, effective 6 months after enactment. Signed 7/1/1993
1994
SB 351 with SA 1, the Child Protection from Domestic Violence Act. This law requires Family Court Judges to consider evidence of domestic violence when making child custody and visitation determinations. Signed 7/8/1994
SB 170, amends Chapter 21, title 11 of the DE Code pertaining to noncompliance with conditions of bail. Offenders who fail to appear or knowingly breach the conditions of their release commit a separate crime. Signed 3/31/1994
1995
SB 128 with SA 1 & HA 2, prohibits insurance companies from discriminating against victims of domestic violence. Signed 7/19/1995
SB 38 revises the Assault in the Second Degree statute to include certain reckless offenses. Signed 7/6/1995
SB 37 expands the DVCC, from 11 to 13, to include two additional at-large members. Signed 7/6/1995
1996
SB 337 giving the DVCC the authority to create a Fatal Incident Review Panel. Signed 6/27/1996
HB 642 with HA 1 & 2, prohibiting disclosure of personal information by the Division of Motor Vehicles. Signed 7/17/1996
HB 643, allowing victims to get a court order to close their voter records. Signed 7/17/1996
SB 433 with SA 2, prohibiting homeowners and auto insurance companies from discriminating against victims of domestic violence. Signed 7/17/1996
1997
HB 106 expands the number of seats on the DVCC to include a seat for the President Judge of Superior Court, and language describing the DVCC medical community representative was broadened to permit health care professional, rather than only physicians, to fill the seat on the Council. Signed 5/22/1997
HB 163 requires mandatory incarceration for criminal contempt of Family Court Protective Orders. Signed 7/15/1997
SB 48, amends the PFA statute by modifying the definition of emotional abuse; clarifying that subsequent support, custody and property division orders supersede those provisions in the PFA: clarifying the circumstances under which a PFA may be extended and, making visitation provisions part of a separate interim order. Signed 7/3/1997
1998
SB 226 eliminates the voluntary social companion exception and makes other changes to Delaware’s rape law. Signed on 6/11/98
1999
HB 161 with HA 1 & 2 and with SA 1, “Firearms Bill” makes it illegal for perpetrators of domestic violence (PFA Respondents) to purchase or possess firearms during the duration of a PFA Order. Also, individuals who have been convicted of a limited category of dv misdemeanors would be “persons prohibited” for five years from the date of conviction. Signed 6/24/1999
SB 99, Full Faith and Credit Bill honors out-of-state protective orders in Delaware and provides limited immunity for law enforcement officers who enforce what they have reason to believe is a protected person even if it is determined after the fact that an order did not exist. SB 102 expanded the DVCC membership to include the Director of the Division of Family Services and Commissioner of Correction. It also changed the DVCC’s annual report to September 15 to better coincide with the fiscal year and strategic planning process. Signed 6/24/1999
SB 102 The legislation provides for an expanded committee membership of 16 individuals and a revised reporting deadline. Section 1 adds the Commissioner of the Department of Correction and the Director of the Division of Family Services to serve on the council by virtue of their positions. Section 2 provides a reporting deadline for the previous fiscal year and thereby promotes more effective planning and budgeting. Signed 6/24/1999
HB 46 with HA 2 and SA 1, provides for mandatory treatment after a second conviction of domestic violence HB 389 ensures that persons who seriously injure children, through acts of abuse or neglect will receive a punishment commensurate with their crime. This bill was a substitute for HB 106 that was endorsed by the DVCC. Signed 6/24/1999
HB 124 with HA 1 & 2 provides for additional or enhanced penalties when a pregnant woman suffers a miscarriage or stillbirth as the consequence of an assault or violent felony which is perpetrated against her. Signed 6/10/1999
HB, 389, ensures that persons who seriously injure children, through acts of abuse or neglect will receive a punishment commensurate with their crime. This bills was a substitute for HOURSE BILL 106 that was endorsed by the DVCC. Signed 6/24/1999
2000
HB 252 provides that an individual who leaves employment due to circumstances directly resulting from domestic violence shall not be disqualified from receiving unemployment insurance benefits. Signed 6/30/2000
2001
SB 97 added two additional seats to the DVCC (Secretary of the Department of Services to CYF and the Secretary of Public Safety). Signed 4/24/2001
2003
SB 45 adding another at-large member to the DVCC signed into law by Governor Ruth Ann Minner. The DVCC nominated and voted former Chief Judge Vincent J. Poppiti as the new at-large member. Signed 6/24/2033
2004
HB 421 This bill was a collaborative effort involving the DVCC Legislative Subcommittee, the Victims’ Rights Task Force, the Violent Crimes Compensation Board (VCCB), and the Sexual Assault Network of Delaware. Signed 6/29/2004
2005
SCR 7 creates a Task Force to study the feasibility of developing a Family Justice Center in Delaware. The measure which passed the Senate and the House requires that a report be submitted to the General Assembly by October 31, 2005
2006
SB 262 with SA 1 expands the Fatal Incident Review Team to include the Secretary of the Department of Education and the Director of the Division of Substance Abuse and Mental Health. Signed 6/13/2006
SB 274 amends Title 25 of the Delaware Landlord-Tenant Code by permitting tenants who are domestic violence, sexual abuse, or stalking victims to terminate their leases early for safety reasons. Signed 6/22/2006
HB 391 with HA 1 expands the number of DVCC members from 17 to 18, by adding a member representing victims of sexual assault. Signed 6/1/2006
SCR 27 designated the month of February 2006 as Teen Dating Violence Awareness and Prevention Month in Delaware. This resolution was Delaware’s first designation of Teen Dating Violence Awareness and Prevention Month. Signed 1/25/2006
2007
SB 57 expands the category of persons considered protected under the Protection From Abuse Statute. All dating couples in a substantive relationship can now file for protection. Signed 6/5/2007
HB 90 adds a representative from the DVCC to the Child Protection Accountability Commission. Signed 6/28/2007
SB 111 adds a Felony class F level violation to the existing provisions for criminal contempt of a domestic violence protection order where the violation involved physical injury or the use or threatened use of a weapon. Signed 6/30/2007
2008
SB 253 w/SA 1 (in cooperation with the Victims Rights Task Force) This Act enhances the harassment and stalking statues to better protect Delaware citizens. Changes included the number of incidents required to be eligible for stalking and the penalty level. Signed 6/30/2008
HB 486 w/HA 2, HA 3, HA 4 adds a $15 fee on all certified copies of marriage license/certificates issued. The money raised will fund domestic violence programs. Signed 7/1/2008
SB 192 would make a minor change to the composition of the DVCC to ensure that the advocacy community continues to have a strong representation on the Council. Signed 4/17/2008
HB 371 w/HA 1, HA 1 to HA 1 (in cooperation with the Sexual Abuse Network of Delaware) amends the State’s crime victim compensation statute by adding the offenses of sexual assault and sexual assault. This law allows for the provision of psychological services for adults who were child victims of sexual abuse or assaults. Signed 6/26/2008
2009
SB 33 This legislation qualifies that children can witness an act of domestic violence by sound as well as sight, acknowledging that a child may have only heard the violent act from another room, but nonetheless be a witness who is emotionally impacted by it. Signed 5/12/2009
HB 46 This legislation excludes certain criminal convictions from mandatory expungement and discretionary expungement following a pardon. Signed 7/1/2009
SCR 21 This Resolution establishes a Teen Dating Violence Task Force to evaluate and make recommendations on policies for Teen Dating Violence Awareness Education in Delaware. Signed 6/23/2009
HB 146 w/SA 2 This legislation allows, but does not require, the Domestic Violence Fatal Incident Review Team (FIRT) to review near death cases resulting from domestic violence. This bill does not otherwise modify the existing procedures for FIRT reviews and investigations of deaths resulting from domestic violence. Signed 6/29/2009
HB 147 This legislation adds “stepson” and “stepdaughter” to the list of what constitutes a family member for purposes of family court proceedings, including Protection From Abuse proceedings. Signed 6/26/2009
SB 116 Because an increasing amount of the work undertaken by the DVCC is legislative in nature, this Bill modifies the composition of the Council in order to ensure broad, bipartisan representation from the General Assembly. Signed 6/24/2009
SB 117 This legislation allows members of the Domestic Violence Coordinating Council to appoint a proxy member if they will be out of State or physically disabled for a period of three months or longer. Signed 6/24/2009
HB 181 This legislation adds penalties for breaching any pre-trial condition imposed by a court when the breach occurs while the accused is being detained in default of bail or in lieu of bail. Signed 7/1/2009
2010
HB 336 This legislation enhances the Family Court’s ability to protect victims of domestic violence and abuse by authorizing the Family Court to enter the no contact provisions of protection from abuse order for up to 2 years in every case and, where aggravating circumstances exist, authorizing the Family Court to order no contact for as long as it deems necessary to prevent further abuse including the entry of a permanent order. Signed 7/12/2010
HB 451 This legislation clarifies that Family Court may extend an ex parte order up to 30 days, for purposes other than effectuating service, where necessary to continue protection. Signed 7/27/2010
SB 197 This Act recognizes the severity of the crime of strangulation by making it a stand-alone felony. Strangulation is a leading indicator in domestic violence deaths. Delaware would become the 19th state with a strangulation felony law on the books. Signed 5/14/2010
2011
HB 106 These amendments task the Office of the Chief Medical Examiner with sending to the Domestic Violence Coordinating Council a monthly report of the homicides and suicides that occurred in Delaware, to better identify fatal incidents related to domestic violence and adds one additional chair to the Fatal Incident Review Team, increasing the number of co-chairs from two to three. Signed 6/28/2011
SB 28 This Act will protect the safety of certain victims of violent crime by creating Delaware’s Address Confidentiality Program, which will be administered by the Delaware Department of Justice. The Program will permit victims of crime of domestic violence, stalking and sexual assault, as well as persons participating in the Delaware’s Witness Protection Program, to keep their actual address confidential by applying to the Department of Justice for a substitute address to which all mail will be delivered. The Act ensures that Federal, State and local governments will have access to a program participant’s actual address through a waiver process to be established by the Department of Justice. Signed 5/19/2011
2012
SB 200 The Fatal Incident Review Team is a multiagency team that reviews all deaths and near deaths that occur as a result of domestic violence. This Act reduces the core number of Review Team members from eight to seven, by eliminating the requirement that a representative from the Department of Education serve as a mandatory member of the Fatal Incident Review Team. The Department of Education would serve in an ad hoc role as needed. Signed 7/5/2012
SB 206 w/SA 2 & HA 1 This Bill requires school districts and charter schools to establish a policy on responding to Teen Dating Violence and Sexual Assault, including guidelines on mandatory reporting and confidentiality, a protocol for responding to incidents of Teen Dating Violence and Sexual Assault and training on the issue. School districts and charter school shall ensure comprehensive healthy relationships programming is provided in the student health education programs or related courses. Signed 7/20/2012
SB 70, adds a seat for the Court of Common Pleas to the Domestic Violence Coordinating Council. This increases the number of Council members from nineteen to twenty. The Court of Common Pleas handles a significant domestic violence caseload and participates in the work of the Coordinating Council.
2014
HB 181, added child support cases to the Family Court proceedings in which mediation is prohibited when one of the parties has been found by a court to have committed an act of domestic violence against the other party, has been ordered to stay away or have no contact with the other party. Signed 6/18/2014.
HB 382, removes the six month limitation on the extension of Family Court protective orders in circumstances where there has been additional domestic violence since the entry of the original order, a violation of the order has occurred, or the respondent consents to a modification. Representative Barbieri was the primary sponsor of this bill. Signed 7/21/2014.
HB 132, amends the Protection from Abuse (PFA) statute to clarify that even when parental rights have been terminated, a PFA petition may be filed on behalf of a child against a former parent if there is conduct that constitutes abuse. Signed 7/28/2015
2016
SB 55 extending ex parte PFA orders from 10 days to 15 days. Signed 8/10/2016
SB 209 requiring that treatment for participants in the domestic violence first offenders program through a DVCC certified treatment provider. Signed8/3/2016
SB 220 with SA 1 amending the DVCC statute regarding voting for chair and vice chair, and amending the Fatal Incident Review Team statute to expand membership, clarify the definition of near death, and requiring the Department of Justice, Department of Services for Children Youth and their Families and law enforcement notify the DVCC of DV-related homicides and near deaths. Signed 6/9/2016
HB 373 with HA 2 transferring misdemeanor criminal jurisdiction of domestic violence offenses between former spouses, couples with a child in common, and couples cohabitating without a child in common from the Court of Common Pleas to Family Court. Signed 8/3/2016
2017
HB 141, authorizes Family Court to interview a child outside the presence of the parties for the purpose of obtaining the child’s testimony and ascertaining the truth of a matter asserted by a party to a Protection from Abuse proceeding. The Court may permit counsel to be present during the interview and ask the child questions. The Court may also permit a party who is not present for the interview to submit questions of fact for the Court to use in interviewing the child. Interviews under this Act must be made a part of the record. Signed 6/27/17
SB 102, consolidates laws related to child abuse and child sexual abuse training and detection, suicide prevention, bullying, criminal youth gang detection, and teen dating violence and sexual assault. States that the DVCC shall identify and maintain a teen dating violence and sexual assault training program for school administrators, school nurses, and school counselors serving grades 7-12. Signed 8/9/17
2018
HB 301, allows the six at-large members to be elected for three year terms and clarified the roles and/or disciplines represented on the Council. Signed 5/9/18
2019
HB 142, adds one more member, a licensed health care professional knowledgeable in the screening and identification of domestic violence cases appointed by the Council, to the Fatal Incident Review Team of the Domestic Violence Coordinating Council. The Act also updates language regarding victims of domestic violence to include survivors. Signed 7/17/19
2021
SB 91, leverages technological advances to allow Family Court the flexibility to permit litigants to publish through a legal notices website established by the Court. Signed 7/30/21
HB 104, moves the date by which the Department of Education shall submit its annual report to the Domestic Violence Coordinating Council from August 1 to October 15 of each year. Moving the date better accommodates the data collection, quality control, and certification process utilized by the Department of Education. Schools and districts are required to enter their data by July 1 and the process of verifying the information and making any corrections necessary to certify the data is usually finished by October 1. Signed 8/4/21
HB 124 w/HA 1, prohibits a person who is the subject of a Protection from Abuse Order of the Family Court and who knows or has reason to know, that the Order has been issued from purchasing, owning, possessing, or controlling a deadly weapon or ammunition for a firearm in this State. This Act also prohibits the subject of an outstanding arrest warrant, active indictment or information related to a felony or misdemeanor crime of domestic violence from purchasing a firearm. The subject of the pending criminal process must know or have reason to know that the process is pending in order for the prohibition to apply. Signed 10/20/21
HB 136 w/HA 1, sets forth 8 factors a court must consider in determining a proposed relocation of a child for a period of 60 days or more in litigation involving custody or visitation. These factors include: (1) the nature, quality, extent, and duration of the child’s relationship with the individual proposing to relocate and with the non-relocating individuals, siblings and other significant persons in the child’s life; (2) the age, developmental stage, needs of the child, and the likely impact of the relocation on the child, taking into account any special needs of the child; (3) the feasibility of preserving the relationship between the non-relocating individual and the child; (4) the child’s preference; (5) any established patterns of the relocating individual to thwart or promote the relationship between the child and non-relocating individual; (6) whether the relocation will enhance the general quality of life of the child and relocating individual; (7) the reasons for requesting and opposing the relocation; and (8) any other factor affecting the best interests of the child. Signed 9/15/21
HB 190 w/HA 1, updates the domestic violence first offender diversion program to allow the following offenses to be eligible for the program: assault third, terroristic threatening, and criminal contempt of a domestic violence protective order or lethal violence protective order. In addition, the Act makes these same offenses ineligible for probation before judgement in the Court of
Common Pleas and Family Court. Signed 8/4/21
HB 227, adds child abuse in the third degree to the list of enumerated criminal offenses for which, if convicted, one is by definition considered a “perpetrator of domestic violence” for purposes of this Child Protection From Domestic Violence Act. Signed 8/4/21
2022
HB 254 w/SA 1, requires all public schools that serve pupils in grades 7-12 that issue pupil identification cards to have printed on the identification cards the telephone or text numbers for the National Suicide Prevention and National Domestic Violence Hotlines and allows them to add the National Sexual Assault, Teen Dating Violence and Bullying Hotlines. The Act requires all public institutions of higher learning in Delaware, which issue student identification cards, to print on the student identification cards the telephone or text numbers for National Suicide Prevention, Domestic Violence Hotlines and local campus police or campus security telephone numbers and allows the institutions to add the National Sexual Assault Hotline number. This Act will be implemented for the 2022-2023 school year. Signed 8/4/22
HS 1 for HB 264 w/HA 1, permits a person who has been the victim of non-consensual sexual conduct or non-consensual sexual penetration to apply for a sexual violence protective order if the person has a reasonable fear, based on specific conduct occurring contemporaneously or subsequent to the non-consensual sexual conduct or penetration, that the perpetrator of the sexual conduct will harm the petitioner in the future. An ex parte temporary order may be issued if a petitioner proves by a preponderance of the evidence that the respondent poses an immediate and present danger of causing physical injury to the petitioner. The protective order is a civil remedy available whether or not the respondent has been charged with a crime and whether or not the petitioner reported the respondent’s conduct to law enforcement officials. The Act provides for an emergency ex parte hearing as well as a non-emergency hearing in Superior Court. Possible remedies in addition to an order restraining the respondent from any kind of contact with the petitioner include restraining the respondent form going to, or remaining in, the places a petitioner might frequent including home, school, or work. Violation of a sexual violence protective order is punishable as criminal contempt, either as a class A misdemeanor, or Class F felony if contempt of the order results in physical injury, or involved threatened use, or use of, a deadly weapon or firearm. Petitions under the Act must be verified. If any party falsely swears in a petition or hearing under the Act, the person may be liable for a misdemeanor or felony. A sexual violence protection order is available only for petitioners who would not qualify for a protection from abuse order because there is no family or dating relationship between the victim and perpetrator. Signed 10/10/22
HB 316, does all of the following relating to the Domestic Violence Coordinating Council. First, it adds the Chief Magistrate of the Justice of the Peace Court to the Domestic Violence Coordinating Council. Second, it removes the limitations on the use of voting by proxy by members of the Council. These limitations are unnecessary because § 2104(f) provides that the Council promulgate rules of procedure governing its operations so long as they are in accordance with Chapters 100 and 101 of Title 29. Thus, the Council, not the statute, should determine the rules necessary to govern its own operations. Finally, the bill adds the Fatal Incident Review Team of the Domestic Violence Coordinating Council to the list of entities that are entitled to receive protected health information without informed consent. The protected health information at issue is essential for the Fatal Incident Review Team to review. Due to federal law, certain providers are prohibited from providing such information even with a subpoena. However, these providers can provide the protected health information if the statute specifically permits such protected health information to be disclosed without informed consent. Signed 6/14/22
HB 440 w/HA 1, changes the definition of and class of felony for the crime of Strangulation from a class C felony to a Class D felony unless additional factors are present, then the crime elevates to a class B felony, punishable from 2-25 years in jail. This bill also adds the crime of suffocation. Signed 8/4/22
2023
SB 70, dds the following acts against a person’s companion animal or service animal to the definition of abuse for protection from abuse proceedings: 1. Engaging in cruelty. 2. Inflicting physical injury. 3. Engaging in a course of alarming or distressing conduct. In addition, this Act provides specific authority for the Court to include provisions in a protection from abuse order that grant a petitioner exclusive care, custody, or control of a companion animal and order a petitioner to stay away from the companion animal. Signed 6/27/23
SB 71, requires law-enforcement agencies, the Department of Services for Children, Youth and Their Families, and the Department of Justice to report suspected animal cruelty to the Office of Animal Welfare that is discovered while performing their responsibilities in child welfare cases. This Act also provides immunity to people who in good faith, report suspected animal cruelty. Signed 6/27/23
HB 95, requires Family Court to award possession and provide for the care of companion animals when dividing marital property after considering the well-being of the companion animal. Signed 6/27/23
HB 184 w/HA1, Delaware law expressly prohibits employment discrimination based upon surviving domestic violence, sexual assault, or stalking. Such discrimination includes: (1) failing or refusing to hire or discharging an employee because the individual was a victim of domestic violence, sexual offense, or stalking; or (2) failing or refusing to make reasonable accommodations to the limitations known to the employer and related to domestic violence, a sexual offense, or stalking. Current statute requires the victim of domestic violence, sexual assault, or stalking to provide verification to their employer. This bill provides employers with the option to require verification in order to receive accommodations. Signed 7/25/23
