HB 340 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO FAMILY JUSTICE CENTERS.

Summary

This Act authorizes the creation of Family Justice Centers within Delaware to provide victims of crime with a single source to obtain resources and support services.

Bill Text

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This bill establishes and outlines the functions, definitions, and operating procedures for Family Justice Centers in Delaware.

• § 9801

  Family Justice Centers are hereby established and located within the Criminal Justice Council.

  This creates Family Justice Centers within the Criminal Justice Council for addressing issues related to domestic violence and abuse.

• § 9802

  For the purposes of this chapter:

  This introduces a definitions section to clarify key terms used in the legislation.

• § 9803

  Family Justice Centers provide multiagency and multidisciplinary support and services to victims or survivors of domestic violence, abuse, sexual assault, stalking, and human trafficking, to ensure that victims or survivors are able to access most or all needed services in one location in order to enhance victim safety, to increase offender accountability, and to reduce to a minimum the number of times a victim or survivor is questioned and examined and the number of places a victim must visit to receive assistance.

  This details the mission and operational goals of the Family Justice Centers.

• § 9804

  The Executive Director shall report to the Council. For matters involving anything that may affect the Criminal Justice Council’s budget, the Executive Director shall also report to the Executive Director of the Criminal Justice Council. The Executive Director of the Criminal Justice Council has final approval over matters involving anything that may affect the Criminal Justice Council’s budget.

  This establishes reporting structures for the Executive Director of the Family Justice Centers regarding budgetary matters.

• § 9805

  Victims and survivors may not be denied services on the grounds of criminal history. No criminal history search may be conducted of a victim or survivor at a Family Justice Center by staff or a partnering service provider without the written consent of the victim or survivor, except if the staff or service provider is a law enforcement officer or other lawfully authorized individual conducting a criminal history search pursuant to a criminal investigation.

  This protects victims and survivors from being denied services based on their criminal history.

• § 9805

  Victims and survivors may not be required to participate in the criminal justice system or cooperate with law enforcement to receive counseling, medical care, or other services at a Family Justice Center.

  This ensures that victims and survivors can access services without having to engage with law enforcement.

• § 9805

  Each Family Justice Center shall have a designated privacy officer to develop and oversee privacy policies and procedures consistent with state and federal privacy laws and the Fair Information Practice Principles promulgated by the United States Department of Homeland Security.

  This creates a requirement for each center to have a privacy officer to ensure compliance with privacy laws.

• § 9805

  Each Family Justice Center must obtain informed, written, and reasonably time-limited consent from a victim or survivor before sharing information obtained from the victim or survivor with any staff member or agency partner, except as follows:

  This establishes protocols for obtaining consent before sharing any personal information.

• § 9805

  Family Justice Centers must inform the victim or survivor that information shared with staff members, partner agencies, or other service providers at a Family Justice Center may be shared with law enforcement professionals without the consent of the victim or survivor if there is a mandatory duty to report or if the victim or survivor is a danger to themself or others. Family Justice Centers must obtain written acknowledgment that the victim or survivor has been informed of this policy.

  This clarifies situations under which information can be shared without consent, while ensuring victims are informed.

Action History

1. October 25, 2024

   Signed by Governor

2. June 30, 2024

   Passed By Senate. Votes: 21 YES

3. June 27, 2024

   Reported Out of Committee (Finance) in Senate with 4 On Its Merits

4. June 26, 2024

   Assigned to Finance Committee in Senate

5. June 26, 2024

   Reported Out of Committee (Judiciary) in Senate with 2 Favorable, 2 On Its Merits

6. June 18, 2024

   Assigned to Judiciary Committee in Senate

7. June 18, 2024

   Passed By House. Votes: 41 YES

8. June 12, 2024

   Reported Out of Committee (Appropriations) in House with 6 On Its Merits

9. March 21, 2024

   Assigned to Appropriations Committee in House

10. March 20, 2024

    Reported Out of Committee (Judiciary) in House with 7 Favorable, 1 On Its Merits

11. March 14, 2024

    Introduced and Assigned to Judiciary Committee in House

Sponsors

• Stell Parker Selby · Primary
• Bryan Townsend · Primary
• Brian Pettyjohn · Primary
• S. Elizabeth Lockman · Primary
• Michael F. Smith · Primary
• Cyndie Romer · Primary
• Edward S. Osienski · Primary
• Eric Morrison · Primary
• David P. Sokola · Primary
• Trey Paradee · Primary
• Spiros Mantzavinos · Primary
• John "Jack" Walsh · Primary
• Kerri Evelyn Harris · Primary
• Franklin D. Cooke · Primary
• William J. Carson · Primary
• Laura V. Sturgeon · Primary
• Nicole Poore · Primary
• David L. Wilson · Primary
• Marie Pinkney · Primary
• Kendra Johnson · Primary
• Russell Huxtable · Primary
• William Bush · Primary
• Darius J. Brown · Primary
• Krista Griffith · Primary
• Sherry Dorsey Walker · Primary
• Valerie Longhurst · Primary
• Paul S. Baumbach · Primary
• Sarah McBride · Primary
• Peter C. Schwartzkopf · Primary
• Sean Matthews · Primary

Votes

Subjects