CHAPTER 397

FORMERLY

SENATE BILL NO. 286

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 2, SECTION 205 OF TITLE 11 OF THE DELAWARE CODE

RELATING TO TIME LIMITATIONS WITHIN WHICH PROSECUTIONS MUST BE COMMENCED.

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

Section 1. Amend Chapter 2, Title 11, Delaware Code by redesignating subsections (e)(f)(g) and (h) of Section 205 thereof as subsections (f)(g)(h) and (i) and adding a new subsection (e) thereto to read as follows:

"Section 205(e). If the period prescribed by subsection (b) of this

section has expired, a prosecution for any sexual offense in which the accused's acts include or constitute any of those crimes delineated in sections 767 through and including 775 and section 1108 of this Title where the victim of such sexual offense was a child under the age of eighteen at the time of its occurrence, such prosecution may be commenced within 2 years following its initial disclosure to the Delaware Division of Child Protective Services or to an appropriate law enforcement agency."

Section 2. Amend Section 205, Chapter 2, Title 11, Delaware Code by

rewording subsection (i) thereof to read as follows:

1205(i) In any prosecution in which subsection (c)(d)(e) or (h) of this section is sought to be invoked to avoid the limitation period of subsection (b) of this section, the State must allege and prove the applicability of subsection (c)(d)(e) or (h) as an element of the offense."

Approved July 15, 1992.