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DE HB222

Bill

Status

Passed

6/27/2018

Primary Sponsor

David Bentz

Click for details

Origin

House of Representatives

149th General Assembly

AI Summary

HB 222 - Lethal Violence Protection Orders

  • Establishes a new legal mechanism for obtaining lethal violence protective orders through Justice of the Peace Court or Superior Court to prohibit individuals from owning, possessing, or accessing firearms.

  • Allows family members and law-enforcement officers to petition for protective orders against respondents who pose a danger of causing physical injury to themselves or others through firearm access.

  • Authorizes emergency protective orders issued by Justice of the Peace Court within 24 hours based on law enforcement affidavits, with a subsequent Superior Court hearing required within 15 days; emergency orders may not exceed 45 days.

  • Establishes nonemergency protective orders issued by Superior Court based on clear and convincing evidence, valid for up to one year and subject to renewal or termination based on subsequent hearings.

  • Adds violation of lethal violence protective orders as criminal contempt under Title 11, with penalties ranging from class A misdemeanor to class F felony depending on whether physical injury or deadly weapons are involved; prohibits persons subject to active orders from possessing firearms or ammunition.

Legislative Description

An Act To Amend Titles 10 And 11 Of The Delaware Code Relating To Lethal Violence Protection Orders.

Last Action

Signed by Governor

6/27/2018

Committee Referrals

Judicial & Community Affairs6/9/2018
Administration5/3/2018

Full Bill Text

No bill text available