SENATE BILL NO. 99
AN ACT TO AMEND TITLES 10 AND 11 OF THE DELAWARE CODE RELATING TO DOMESTIC VIOLENCE PROTECTIVE ORDERS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):
Section 1. Amend §1271A of Title 11 of the Delaware Code by striking the section in its entirety and substituting the following therefor:
“§1271A. Criminal Contempt of a Domestic Violence Protective Order; class A misdemeanor.
(a) A person is guilty of criminal contempt of a domestic violence protective order when the person knowingly violates or fails to obey any provision of a protective order issued by the Family Court or a court of any State, Territory, or Indian Nation in the United States.
(b) Criminal contempt of a domestic violence protective order is a class A misdemeanor.
(c) A person found guilty of criminal contempt of a domestic violence protective order shall receive a minimum sentence of 15 days incarceration if:
(1) Such contempt resulted in physical injury; or
(2) Such contempt involved the use or threatened use of a deadly weapon; or
(3) The defendant was convicted of criminal contempt of a domestic violence protective order under this section on 2 or more occasions prior to this violation.
(d) The 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.”
Section 2. Amend §1904(a)(5) of Title 11 of the Delaware Code by adding after the words “Family Court” the phrase “or a court of any State, Territory, or Indian Nation in the United States”.
Section 3. Amend §1046(b) of Title 10 of the Delaware Code by deleting the second sentence thereof.
Section 4. Amend §1046(c) of Title 10 of the Delaware Code by deleting the subsection in its entirety and substituting in lieu thereof the following:
“(c) It shall be the duty of any law enforcement officer to arrest with or without a warrant any person whom the officer has probable cause to believe has violated a protective order issued by the Family Court or a court of any State, Territory or Indian Nation in the United States, and of which the person arrested has notice or knowledge. Probable cause for arrest may be established by a good faith reliance on information contained in DELJIS or on the existence of a foreign protective order. If an officer acts in good faith upon information contained in DELJIS or on reasonable belief in the existence of a domestic or foreign protective order, the officer shall be immune from suit. The person arrested shall be immediately taken before the Family Court. If the Family Court is not in session, the arrested person shall be taken before the nearest justice of the peace until bail is fixed. If bail is fixed the justice of the peace or judge shall take into consideration in determining the amount of bail whether the defendant has previously violated an existing protective order.”
Approved June 24,1999