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DE SB100

Bill

Status

Introduced

5/14/2015

Primary Sponsor

David Lawson

Click for details

Origin

Senate

148th General Assembly

AI Summary

  • Creates new Chapter 46 in Title 10 prohibiting Delaware courts, arbitrators, and administrative agencies from applying foreign law when it would violate fundamental constitutional rights guaranteed by the U.S. or Delaware Constitution (including due process, freedom of religion, speech, press, privacy, and marriage rights)

  • Voids and makes unenforceable any court ruling or decision based on foreign law that would deny parties the same fundamental constitutional rights they would have under U.S. law

  • Prohibits use of foreign law as a defense to criminal acts, including domestic violence

  • Requires modification of contracts that select foreign law or foreign venues if enforcement would violate a party's fundamental constitutional rights; provisions that cannot be modified to preserve these rights are void

  • Exempts churches and religious organizations on purely ecclesiastical matters, Native American tribal law, business entities contracting abroad, and does not conflict with federal treaties or international agreements

Legislative Description

An Act To Amend Title 10 Of The Delaware Code Relating To Judicial Procedures.

Last Action

Assigned to Judiciary Committee in Senate

5/14/2015

Committee Referrals

Judiciary5/14/2015

Full Bill Text

No bill text available