SENATE BILL NO. 319
AS AMENDED BY
SENATE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 10, CHAPTER 76 RELATING TO THE COURTS AND SEXUAL ABUSE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Title 10, Part IV Special Proceedings by adding a new Chapter 76 to read as follows:
“Chapter 76 Civil Sexual Abuse Liability Report.
“Section 7601 Civil Sexual Abuse Liability Report - Purpose
The purpose of this act is to ensure that the public is informed about persons found liable of sexual abuse in this State.
§7602 Civil Sexual Abuse Report
Civil Sexual Abuse Liability Report (“the Report”) shall mean a report that each court shall post in a public place in the court house and on the court’s web site. The Report shall list all persons found liable for Sexual Abuse in that court. The report shall be entitled “Civil Sexual Abuse Report”. The list shall include the name and address of defendant and the offense or cause for which the defendant was found liable and shall be updated within one week when a defendant is found eligible or when a defendant has been relieved from eligibility pursuant to §7603 and 7604, respectively, of this Chapter. A defendant found eligible must keep the court apprised of his or her current address.
§7603 Petition and Eligibility
If a civil complaint is filed alleging sexual abuse and if a verdict of liability is returned by a jury or judge, then the plaintiff or victim of the sexual abuse or his or her representative may petition the court to place the defendant on the Civil Sexual Abuse Report. To establish eligibility, the court must determine whether the civil offense for which a verdict of liability was rendered has similar elements to an offense that would require registration pursuant to Title 11, Chapter 41, Subchapter III.
A defendant may petition the court for relief, to be removed from the report, after five years. Such relief may be granted upon a showing of good cause. Such petition shall be notice to all parties of the original suit.
Approved July 21, 2008