HOUSE BILL NO. 66
AS AMENDED BY
HOUSE AMENDMENT NOS. 1 & 2, SENATE AMENDMENT NO. 1
HOUSE AMENDMENT NO. 3
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO TIME LIMITATIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend § 205, Title 11 of the Delaware Code, by striking subsection (e) thereof in its entirety and by substituting in lieu thereof the following:
"(e) Notwithstanding the period prescribed by subsection (b) of this section, a prosecution for any crime that is delineated in Subpart D of Subchapter II of Chapter 5 of this title, or is otherwise defined as a 'sexual offense' by § 761 of this title except § 763, § 764 or § 765 of this title, or any attempt to commit said crimes, may be commenced at any time. No prosecution under this subsection shall be based upon the memory of the victim that has been recovered through psychotherapy unless there is some evidence of the corpus delicti independent of such repressed memory. This subsection applies to all causes of action arising before, on or after July 15, 1992, and to the extent consistent with this subsection, it shall revive causes of action that would otherwise be barred by this section."
Section 2. Severability Clause. If any provision of this Act or the application of any such provision to any person or circumstance should be held invalid by a Court of competent jurisdiction, the remainder of this Act, or the application of its provisions to persons or circumstances other than those to which it is held invalid shall not be affected thereby.
Approved June 24, 2003