Delaware Senate Bill 284 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Bipartisan Bill
Status: Passed on August 10 2016 - 100% progression
Action: 2016-08-10 - Signed by Governor
Text: Latest bill text (Engrossed) [HTML]

In 2002, Delaware adopted the Uniform Interstate Enforcement of Domestic-Violence Protection Orders Act (UIEDVPOA), 1049 through 1049F of Title 10 of the Delaware Code, to enforce domestic protection orders of other states. In 2011, the Uniform Law Conference of Canada approved an act to provide for recognition of foreign protection orders, including those from the United States.In 2015, the Uniform Law Commission approved an act to provide for recognition by the States of Canadian domestic-violence protection orders, called the Uniform Recognition and Enforcement of Canadian Domestic-Violence Protection Orders Act (URECDVPOA). In large part, URECDVPOA is based on UIEDVPOA. However, URECDVPOA is designed specifically with international issues in mind, so it recognizes and enforces only the portion of Canadian domestic-violence protection orders restricting contact between parties to the order and deals only with the civil Canadian domestic-violence protection orders. Section 1 of this Act adopts URECDVPOA as part of Delaware law. As a result of the adoption of URECDVPOA, all of the following are provided for:(1) A law-enforcement officer is, upon a finding of probable cause that a valid Canadian domestic-violence protection order has been violated, authorized to enforce the no-contact provisions of the order as if it were an order issued by the Family Court of this State.(2) The Family Court may enforce the no-contact provisions of a valid Canadian domestic-violence protection order. However, the Court may not enforce the order if the court finds that due process has been violated, that is, if an individual did not receive notice and the opportunity to be heard by the issuing Canadian court.(3) An individual may register a Canadian domestic-violence protection order in this State by filing a certified copy of the order with the Family Court. (4) The State and a state agency, local governmental agency, law-enforcement officer, prosecuting attorney, clerk of the court, or state or local governmental officials acting in an official capacity and in good faith are immune from civil and criminal liability for an act or omission arising out of this Act. Section 2 of this Act is a conforming amendment to an existing Delaware Code provision, the crime of Criminal Contempt of a Domestic Violence Protective Order ( 1271A of Title 11). This conforming amendment makes it a crime to violate a Canadian domestic-violence protection order in this State. This conforming amendment also makes technical corrections to conform existing law to the guidelines of the Delaware Legislative Drafting Manual.

An Act To Amend The Delaware Code Relating To Canadian Domestic-violence Protection Orders.

Sen. Patricia Blevins [D]

Sen. Catherine Cloutier [R]

Rep. Stephanie Bolden [D]

Rep. Deborah Hudson [R]

2016-07-01 - House - House Third Reading (Y: 32 N: 2 NV: 5 Abs: 2) [PASS]

Date	Chamber	Action
2016-08-10	Senate	Signed by Governor
2016-07-01	House	Passed by House of Representatives. Votes: Passed 32 YES 2 NO 5 NOT VOTING 2 ABSENT 0 VACANT
2016-06-30	House	Reported Out of Committee (JUDICIARY) in House with 8 On Its Merits
2016-06-29	House	Introduced and Assigned to Judiciary Committee in House
2016-06-28	Senate	Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
2016-06-28	Senate	Amendment SA 1 - Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
2016-06-23	Senate	Amendment SA 1 - Introduced and Placed With the Bill in Senate
2016-06-22	Senate	Reported Out of Committee (JUDICIARY) in Senate with 4 On Its Merits
2016-06-16	Senate	Assigned to Judiciary Committee in Senate

Type	Source
Summary	http://legis.delaware.gov/LIS/lis148.nsf/2bede841c6272c888025698400433a04/14a17e3c0aab10a685257fa7004b65ea?OpenDocument
Text	http://legis.delaware.gov/LIS/lis148.nsf/vwLegislation/SB+284/$file/legis.html?open
Text	http://legis.delaware.gov/LIS/lis148.nsf/EngrossmentsforLookup/SB+284/$file/Engross.html?open
Roll Call	http://legis.delaware.gov/LIS/lis148.nsf/7712cf7cc0e9227a852568470077336f/c91f1d095b9eef6c85257fe3002e1f7e?OpenDocument