CHAPTER 110

FORMERLY

HOUSE BILL NO 180

AS AMENDED BY HOUSE AMENDMENT NO. 2

AN ACT TO AMEND SUBPART F., SUBCHAPTER VI, CHAPTER 5, TITLE 11, DELAWARE CODE, RELATING TO INTERFERING WITH CHILD WITNESSES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subpart F., Subchapter VI, Chapter 5, Title 11, Delaware Code, by adding thereto a new §1263A to read as follows:

§1263A. Interfering with Child Witness.

(a) A person commits an offense if, intending to interfere with or prevent the prosecution of any person, the person intentionally or knowingly:

(1) Removes a child from the county of residence of the child knowing that the child is or Is likely to become a witness in a criminal case in the county of residence; or

(2) Refuses or falls to produce a child in his custody before a court in which there is pending a criminal case in which the child is a witness; or

(3) Confers or offers or agrees to confer a benefit on another person In order to:

(A) Cause a child to be removed from the county of residence of the child, knowing the child is or is likely to become a witness in a criminal case in the county of residence; or

(B) Cause a person in custody of a child to refuse or fail to produce the child before a court in which there is pending a criminal case in which the child is a witness; or

(4) Harms or threatens to harm another person in order to:

(A) Cause a child to be removed from the county of residence, knowing the child is or is likely to become a witness in a criminal case in the county of residence; or

(B) Cause a person in custody of a child to refuse to produce the child before a court in which there is pending a criminal case in which the child is a witness.

(b) For purposes of this Section:

(1) The county of residence of a child is the county in which the child resides at the time of the commission of the offense being prosecuted in the criminal case in which the child is a witness;

(2) A child is in the custody of a person if the person is the parent or guardian of the child, is acting In Loco parentis to the child, or exercises control over the location or supervision of the child; and

(3) A criminal case is pending in a court if an indictment, information, or complaint in the cue has been filed with or presented to the court.

(c) 'Witness' as used in this Section means any natural person:

(1) Having knowledge of the existence or nonexistence of facts relating to any crime; or

(2) Whose declaration under oath is received, or has been received, u evidence for any purpose; or

(3) Who has reported any crime to any peace office, prosecuting agency. law, enforcement officer, probation officer, parole officer, correctional officer or judicial official; or

(d) Who has been served personally or through a parent, guardian, person acting In 'pc° parentis or other custodian, with a subpoena issued under the authority of any court of this State, or any other state or of the United States; or An offense under Subsection (a)(2), (a)(3)(13) or (a)(4)(B) of this Section is a Class D Felony.

(e) An offense under Subsection (a)(1), (a)(3)(A) or (a)(4)(A) of this Section is a Class E Felony unless the child is a complaining witness, in which event the offense is a Class D Felony."

Approved July 3, 1985.