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DE HB284

Bill

Status

Passed

4/9/2010

Primary Sponsor

James Johnson

Click for details

Origin

House of Representatives

145th General Assembly

AI Summary

  • Amends Delaware Code Title 11, Section 1259 to change criminal liability for sexual relations in detention facilities to apply only to employees, visitors, contractors, and volunteers at detention facilities.

  • Removes incarcerated individuals from criminal liability under this statute, preventing detained persons from being prosecuted for sexual conduct that occurs on detention facility premises.

  • Addresses the Prison Rape Elimination Act by eliminating a chilling effect that discouraged reporting of sexual assaults, as detainees previously feared self-incrimination under the statute.

  • Preserves prosecution of prisoner-on-prisoner sexual assaults through existing criminal statutes unrelated to this specific detention facility statute.

Legislative Description

An Act To Amend Title 11 Of The Delaware Code Relating To Sexual Relations In A Detention Facility.

Last Action

Signed by Governor

4/9/2010

Committee Referrals

Adult & Juvenile Corrections1/26/2010
Corrections6/30/2009

Full Bill Text

No bill text available