CHAPTER 300

FORMERLY

SENATE BILL NO. 471

AN ACT TO AMEND TITLE 10 AND TITLE 11 OF THE DELAWARE CODE PROVIDING FOR THE VICTIM PROTECTION ACT OF 1988.

WHEREAS, this legislation is intended to enhance authority and clarify conditions that may be imposed by Magistrates, Judges, Family Court Masters and Commissioners with regard to bail and unsecured release to provide all victims of crime, especially domestic violence victims, with additional protection from intimidation and harm.

NOW THEREFORE:

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

Section 1. Amend §925, Chapter 9, Part I, Title 10 of the Delaware Code by striking the semi-colon (;) at the end of subsection (2), and substituting In lieu thereof the following:

"and impose conditions as set forth in §940 of this Chapter;"

Section 2. Amend §940, Chapter 9, Part I, Title 10 of the Delaware Code by striking

subsection (c) in its entirety, and substituting in lieu thereof the following:

"(c) Notwithstanding any other provision in this Chapter, such person may be

released on his own recognizance; or under such ball as the Master or Judge of the Court may require pending disposition of the case; or, In default of ball, such person may be committed to the Department of Health and Social Services, or to the Department of Correction, pending disposition of the case.

(d) In connection with either a secured release or an unsecured release, the

Master or Judge of the Court may impose one or more of the following conditions:

(1) require the person to return to the Court at any time upon notice, and submit himself to the orders and processes of the Court;

(1) place the person In the custody of a designated person or organization
agreeing to supervise him;

(1) place the person under the supervision of a pre-sentence officer,
probation officer, or pre-trial services officer;

(1) place restrictions on the travel, associations, activities, consumption of alcoholic beverages, drugs or barbiturates, or place of abode of the person during the period of release;

(1) require the person to have no contact or restricted contact with the

victim, victim's family, victim's residence, place of employment, school, or
location of offense;

(1) require periodic reports from the person to an appropriate agent or
officer of the Court, including the attorney for the accused;

(1) require psychiatric or medical treatment of the person;

(1) require the person to provide suitable support for his family under
supervision of an officer of the Court;

(1) require a person, who has been convicted, to duly prosecute any
post-conviction remedies or appeals, and if the case Is affirmed, or Is reversed and remanded, such person shall forthwith surrender himself to the Court;

(1) Impose any other condition deemed reasonably necessary to assure
appearance as required, and to carry out the purposes of this Chapter."

(e) If the person is committed, In lieu of ball, the Master or Judge of the Court may require such person, while in custody, to have no contact with the victim or with the victims family;

(f) The accused, or the Attorney General, may apply to the Court for any
modification of any determination by the Court as to the decision of the type of release, the amount and nature of the bond or surety, or the conditions of release.

(a) Where the Master or Judge modifies any ball amount, such Master or Judge shall review conditions and may Impose any conditions as are set forth in this section, including specific considerations for the safety of the victim and the community.

(b) If the accused has furnished surety, the Master or Judge of the Court shall,
at that time, review conditions and may impose conditions as are set forth in this section including specific considerations for the safety of the victim and the community.

Section 3. Amend §2102, Chapter 21, Part II, Title 11 of the Delaware Code by adding the words "Family Court of the State of Delaware," immediately following the words "Court of Common Pleas," as the same appear in subsection (4) of said section.

Section 4. Amend §2104, Chapter 21, Part II, Title 11 of the Delaware Code by

re-designating all of said section as new subsection (a); and by adding thereto the following new subsection:

"(b) If the accused has furnished surety, the Court shall, at that time review

conditions and may impose any conditions as are set forth in §2108 of this Title before the accused Is released, including specific consideration for the safety of the victim and the community."

Section 5. Amend §2108, Chapter 21, Part II, Title 11 of the Delaware Code by

re-designating subsection (5) as new subsection (6), and by re-designating each succeeding subsection accordingly.

Section 6. Amend §2108, Chapter 21, Part II, Title 11 of the Delaware Code by adding

thereto a new subsection, designated as subsection (5) which new subsection shall read as follows:

"(5) Require the person to have no contact or restricted contact with the victim, the victim's family, victim's residence, place of employment, school, or location of offense."

Section 7. Amend §2109, Chapter 21, Part II, Title 11 of the Delaware Code by

re-designating all of said section as new subsection (a) of said section; and by adding thereto the following new subsection:

(b) If the accused Is committed In lieu of ball, the Court may require such

person, while In custody to have no contact with the victim or the victim's family.

Section 7. Amend §2110, Chapter 21, Part II, Title 11 of the Delaware Code by

re-designating all of the said section as new subsection (a), and by adding thereto the following new subsection:

"(b) Where the Court modifies any ball amount, the Court shall review conditions

and may Impose any conditions as are set forth in §2108 of this Title, including specific considerations for the safety of the victim and the community."

Section 8. This Act shall be known and may be cited as the Victim Protection Act of

1988.

Section 9. If any provision of this Act or the application thereof to any person or

circumstances Is held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

Section 10. This Act will become effective 90 days after Its enactment Into law.

Approved June 30, 1988.