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DE SB89

Bill

Status

Introduced

5/22/2017

Primary Sponsor

David Lawson

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Origin

Senate

149th General Assembly

AI Summary

  • Adds Chapter 46 to Delaware Code establishing that foreign law cannot be applied in Delaware courts if it would violate fundamental constitutional rights protected by the U.S. Constitution or Delaware Constitution, including due process, freedom of religion, speech, press, and privacy rights.

  • Prohibits use of any foreign law as a defense in criminal cases, including domestic violence charges.

  • Requires courts, arbitrators, and administrative agencies to modify or void contracts and agreements that choose foreign law or foreign venues if enforcement would violate fundamental constitutional rights of natural persons party to the agreement.

  • Denies motions to transfer litigation to foreign forums if transfer would likely result in violation of a fundamental constitutional right for a Delaware resident subject to personal jurisdiction in the state.

  • Exempts corporations, partnerships, business entities, and religious organizations engaged in purely ecclesiastical matters from the chapter's restrictions, while preserving federal treaty obligations.

Legislative Description

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

Last Action

Reported Out of Committee (Judicial & Community Affairs) in Senate with 5 On Its Merits

6/14/2017

Committee Referrals

Judicial & Community Affairs5/22/2017

Full Bill Text

No bill text available