HB 190 — AN ACT TO AMEND TITLE 10 AND TITLE 11 OF THE DELAWARE CODE RELATING TO DOMESTIC VIOLENCE.

Further Amend House Bill No.

190 by deleting line 36 in its entirety and inserting in lieu thereof the following:

“(c) Any adult who:

who meets all of the following may qualify for first offense election:”.

SYNOPSIS This Amendment adds terroristic threatening to the acts of domestic violence for which an offender may elect to apply for first offender status.

This Amendment also removes reference to the time of arraignment from §1024(c).

MAW Page 1 of 13 Released:

06/08/202105/18/2021 10:1810:36 AM 2141510324(15) aggravated Aggravated harassment (former § 1312).

(b) Those acts of domestic violence for which an offender may elect to apply for first offender status under this rule shall be limited to the following criminal offenses under Title 11:

(1) offensive Offensive touching (§ 601);

(§ 601).

(2) menacing (§ 602);

Menacing (§ 602).

(3) Assault in the third degree (§ 611).

(4) sexual harassment (§ 763);

Sexual harassment (§ 763).

(5) criminal Criminal mischief classified as a misdemeanor (§ 811);

(§ 811).

(6) criminal Criminal trespass in the first, second second, or third degree (§§ 821, 822, 823);

(§§ 821, 822, 823).

(7) Criminal contempt of a domestic violence protective order or lethal violence protective order (§ 1271A).

(8) harassment (§ 1311);

or Harassment (§ 1311).

(7) aggravated Aggravated harassment (former § 1312).

(c) Any adult who:

who meets all of the following may qualify for first offense election at the time of arraignment:

(1) Has not been convicted of a violent felony or any domestic violence offense under Title 11 listed in subsection (a) of this section, or under any statute of the United States or of any state thereof including the District of Columbia relating to a violent felony or acts of domestic violence substantially similar to those criminal offenses listed in subsection (a) of this section;

section.

(2) Has not previously been afforded first offender treatment or other diversion programs for domestic violence;

violence.

(3) Has been charged with a domestic violence offense listed in subsection (b) of this section;

and section.

(4) Has appeared at Family Court for a bail review/domestic violence interview,-may qualify for the first offense election at the time of arraignment.

(d) At the time of arraignment any Any person qualifying under subsection (c) of this section as a first offender and who elects to apply under this section shall admit to the offense by entering a plea of guilty, as a first offender.

The court, without entering a judgment of guilt and with the consent of the accused, accused and the State, may defer further proceedings and shall place the offender on probation for a period of 1 year upon terms and conditions of which shall include:

include but not be limited to:

HD :

JMP :

MAW Page 2 of 3 Released:

05/18/2021 10:36 AM (1) Enrollment with a Delaware Domestic Violence Coordinating Council certified domestic violence treatment provider for the purposes of evaluation and such treatment as the evaluation counselor deems necessary;

necessary.

(2) Satisfactory completion of the Delaware Domestic Violence Coordinating Council certified treatment program;

program.

(3) Evaluation for alcohol and other drug abuse, and successful completion of a course of treatment as may be indicated by the evaluation;

evaluation.

(4) Restitution, where appropriate, to the victim;

victim.

(5) No unlawful contact with the victim during the period of probation;

and probation.

(6) Other such terms and conditions as the Court may impose.

Section 2.

Amend Chapter 42, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4218.

Probation before judgement.

(b) This section may not be substituted for:

shall not apply to any of the following:

(1) Any Title 11 “domestic violence” offense as defined in Section 1024(a) Section 1024 of Title 10.

First offenders domestic violence diversion program;

program.

(2) Section 900A of this title.

Conditional discharge for issuing a bad check as first offense;

or offense.

(3) Section 4177B of Title 21.

First offenders;

election in lieu of trial.

SYNOPSIS This Act updates the domestic violence first offender diversion program to allow the following offenses to be eligible for the program:

assault third, terroristic threatening, and criminal contempt of a domestic violence protective order or lethal violence protective order.

In addition, the Act makes these same offenses ineligible for probation before judgement in the Court of Common Pleas and Family Court.

HD :

JMP :

MAW Page 3 of 3 Released:

05/18/2021 10:36 AM 2141510267