Delaware.gov logo
Domestic Violence
Coordinating Council (DVCC)

Legislation 1993 – present



 

Legislation - DVCC logo

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
  • SB70, 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.  Signed 8/3/2016
  • 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

Reviewed by the Legislative Committee:

  • 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


Quick Escape
+