CHAPTER 179

FORMERLY

HOUSE BILL NO. 163

AS AMENDED BY HOUSE AMENDMENT NO. I AND

SENATE AMENDMENT NO. I

AN ACT To AMEND CHAPTER 5, TITLE 11 OF THE DELAWARE CODE REQUIRING MANDATORY INCARCERATION FOR CRIMINAL CONTEMPT OF FAMILY COURT PROTECTIVE ORDERS.

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

Section 1. Amend Subpart F, Subchapter VI, Chapter 5, Title 11 of the Delaware Code M adding to the end of Section 1271A the following:

"A person found guilty of criminal contempt of a Family Court protective order shall receive a minimum sentence of 15 days incarceration if:

(a) such contempt resulted in physical injury; or

(b) such contempt involved the use or threatened use of a deadly weapon;

or,

(c) the defendant was convicted of criminal contempt of a Family Court protective order under this section on two or more occasions prior to this violation.

This minimum sentence shall not be subject to suspension and no person subject to the minimum sentence shall be eligible for probation, parole, furlough or suspended custody during said sentence."

Approved July 15, 1997