SENATE BILL NO. 146
AS AMENDED BY
SENATE AMENDMENT NOS. I AND 3 AND
HOUSE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CHILD SAFE SCHOOL ZONES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Title 11, Delaware Code, by adding a new section as follows: "§I 112. Sexual Offenders - Prohibitions from School Zones
(a) Any person who is a sexual offender and who:
(I) resides on or within 500 feet of the property of any school shall be guilty of a class G felony.
(2) loiters on or within 500 feet of the property of any school shall be guilty of a class F felony.
(b) For purposes of this section, the following definitions shall apply:
(1) 'loiter' means:
a. standing, sitting idly, whether or not the person is in a vehicle, or remaining in or around school property, while not having reason or relationship involving custody of or responsibility for a pupil or any other specific or legitimate reason for being there; or
b. standing, sitting idly, whether or not the person is in a vehicle, or remaining in or around school property, for the purpose of engaging or soliciting another person to engage in sexual intercourse, sexual penetration, sexual contact, or sexual harassment. sexual extortion, or indecent exposure.
(2) 'school' means any preschool, kindergarten, elementary school. secondary school, vocational technical school or any other institution which has as its primary purpose the education or instruction of children under sixteen years of age.
(3) 'reside' means to dwell permanently or continuously or to occupy a dwelling or home as one's permanent or temporary place of abode.
(4) 'sexual offender' shall mean any person who:
a. has been convicted in this State of the commission or attempt to commit any sexual offense upon a child under sixteen years of age under §767, §768, §769, §770, §771, §772, §773, §774 and/or §775 of this Title; or
b. has been discharged or paroled from a penal institution where he or she was confined because of the commission or attempt to commit one or more of the offenses enumerated in paragraph a. of this subsection; or
c. has been adjudged guilty but mentally ill under §401 of this Title or not guilty by reason of insanity under §401 of this Title for the commission or attempt to commit one or more of the offenses enumerated in paragraph a. of this subsection; or
d. has been convicted in any other state of any offense which, if committed or attempted in this State, would have been punishable as one or more of the offenses enumerated in paragraph a. of this subsection.
(c) It shall not be a defense to a prosecution for a violation of this section that the person was unaware that the prohibited conduct took place on or within 500 feet of any school property."
Section 2. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.
Section 3. This Act shall become effective upon its enactment into law and shall be applicable to all sexual offenders, except that §1 1 1 2(a)( I ) of Title 11 shall not apply to those so residing at that specific location as of the date of enactment.
Section 4. This Act shall be known and may be cited as the "Child Safe School Zone Act,"
Approved July 25, 1995