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DE HB190

Bill

Status

Passed

8/4/2021

Primary Sponsor

Krista Griffith

Click for details

Origin

House of Representatives

151st General Assembly

AI Summary

  • Expands the definition of "domestic violence" in the First Offenders Domestic Violence Diversion Program to include acts committed against any person in a protected class, rather than limiting it to family members.

  • Narrows the list of offenses eligible for first offender diversion from 15 offenses down to 10, removing reckless endangering, vehicular assault, unlawful sexual contact, unlawful imprisonment, reckless burning, and aggravated harassment but adding criminal contempt of protective orders.

  • Requires consent of both the accused and the State before a court can defer proceedings and place a first offender on probation for 1 year with mandatory conditions including domestic violence treatment, substance abuse evaluation, restitution, and no contact with the victim.

  • Amends Title 11 § 4218 to clarify that probation before judgment cannot be used as a substitute for the First Offenders Domestic Violence Diversion Program or other specified diversion programs.

Legislative Description

An Act To Amend Title 10 And Title 11 Of The Delaware Code Relating To Domestic Violence.

Last Action

Signed by Governor

8/4/2021

Committee Referrals

Judiciary6/17/2021
Judiciary5/18/2021

Full Bill Text

No bill text available