Files
2026-07-06 17:26:56 -04:00

5.4 KiB
Raw Permalink Blame History

type, title, description, jurisdiction, legislature, session, identifier, citation, classification, subjects, status, primary_sponsors, version_count, action_count, vote_count, first_action, last_action, source, source_identifier, source_url, source_hash, vintage, source_snapshot, retrieved_at, confidence, tags
type title description jurisdiction legislature session identifier citation classification subjects status primary_sponsors version_count action_count vote_count first_action last_action source source_identifier source_url source_hash vintage source_snapshot retrieved_at confidence tags
Bill AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO LETHAL VIOLENCE PROTECTIVE ORDERS. This bill clarifies that only law enforcement officers may petition for emergency relief in the Justice of the Peace Court pursuant to Title 10, Section 7703. The statute is currently ambiguous with regard to who may file pursuant to Section 7703. Section 7701(4) defines a "Petitioner" as a law enforcement officer or any person who would be qualified to file a Petition for Protection from Abuse. Section 7702(a) provides that "a petitioner may request relief under section 7703 (Emergency hearings) or Section 7704 (Nonemergency hearings)." However, Section 7703 only addresses the process a law enforcement officer must follow to procure a Lethal Violence Protective Order ("LVPO") and fails to mention any other class of petitioner. At the time of the passage of the LVPO statute, there was specific discussion and intention to prevent individuals from filing for emergencies in the Justice of the Peace Court for the same reason that citizen warrants are no longer accepted in that Court. This conclusion is borne out by the fact that Section 7703 does not prescribe any procedure or burden of proof an individual would need to meet to prevail in an emergency petition for a LVPO. As with Weapons Relinquishment Orders governed by Section 1448C of Title 11, this proposed bill requires requests for emergency relief to come through a law enforcement agency rather than directly from an individual member of the public. The bill removes the confusion that exists with the current wording of the statute. us/states/de Delaware General Assembly 153 SB 73 Delaware SB 73 (153)
bill
enacted
Darius J. Brown
Josue O Ortega
Nicole Poore
Ray Seigfried
Timothy D. Dukes
William J. Carson
0 7 1 2025-03-13 2025-08-20 openstates ocd-bill/6f7ceb41-3a57-4550-b1d3-4b4690b351b2 https://legis.delaware.gov/BillDetail?LegislationId=141938 7a4807306dfd251948655482ca1908783a1eee7fc6822f72fcfe20df9c1aa56c 2026-07-01 https://data.openstates.org/daily/2026-07-01/public.pgdump 2026-07-06 reported
legislation
bill
us-de

Delaware SB 73 (153) — AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO LETHAL VIOLENCE PROTECTIVE ORDERS.

This bill clarifies that only law enforcement officers may petition for emergency relief in the Justice of the Peace Court pursuant to Title 10, Section 7703. The statute is currently ambiguous with regard to who may file pursuant to Section 7703. Section 7701(4) defines a "Petitioner" as a law enforcement officer or any person who would be qualified to file a Petition for Protection from Abuse. Section 7702(a) provides that "a petitioner may request relief under section 7703 (Emergency hearings) or Section 7704 (Nonemergency hearings)." However, Section 7703 only addresses the process a law enforcement officer must follow to procure a Lethal Violence Protective Order ("LVPO") and fails to mention any other class of petitioner. At the time of the passage of the LVPO statute, there was specific discussion and intention to prevent individuals from filing for emergencies in the Justice of the Peace Court for the same reason that citizen warrants are no longer accepted in that Court. This conclusion is borne out by the fact that Section 7703 does not prescribe any procedure or burden of proof an individual would need to meet to prevail in an emergency petition for a LVPO. As with Weapons Relinquishment Orders governed by Section 1448C of Title 11, this proposed bill requires requests for emergency relief to come through a law enforcement agency rather than directly from an individual member of the public. The bill removes the confusion that exists with the current wording of the statute.

Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

Votes

  • SM — 400 (pass) · lower

Sponsors

  • Darius J. Brown — primary (person)
  • Josue O Ortega — primary (person)
  • Nicole Poore — primary (person)
  • Ray Seigfried — primary (person)
  • Timothy D. Dukes — primary (person)
  • William J. Carson — primary (person)

Timeline

The legislative action history — every referral, reading, and vote.

  • 2025-03-13 Introduced and Assigned to Judiciary Committee in Senate introduction, referral-committee
  • 2025-03-26 Reported Out of Committee (Judiciary) in Senate with 1 Favorable, 4 On Its Merits committee-passage, committee-passage-favorable
  • 2025-04-08 Passed By Senate. Votes: 21 YES passage
  • 2025-04-09 Assigned to Judiciary Committee in House introduction, referral-committee
  • 2025-05-21 Reported Out of Committee (Judiciary) in House with 9 On Its Merits committee-passage
  • 2025-06-12 Passed By House. Votes: 40 YES 1 ABSENT passage
  • 2025-08-20 Signed by Governor executive-signature

Source

OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/6f7ceb41-3a57-4550-b1d3-4b4690b351b2. Confidence: reported (aggregated from official Delaware legislature records).