House Bill 222
149th General Assembly (Present)
If original bill has not been considered in committee, the substitute takes place of original bill. If original bill has been considered in committee, the substitute will be assigned to committee for consideration.
AN ACT TO AMEND TITLES 10 AND 11 OF THE DELAWARE CODE RELATING TO LETHAL VIOLENCE PROTECTION ORDERS.
This Act would allow the Superior Court to issue a lethal violence protection order where a family member or a law enforcement officer can show that the respondent poses a danger to self or others by owning, possessing, controlling, purchasing or receiving a firearm. The order would require respondent to refrain from exercising custody or control over firearms during the order’s duration. The order would also authorize law enforcement to search for and seize firearms in respondent’s possession provided petitioner can describe the type and location of said firearm with sufficient particularity. Such an order may be issued at an emergency, ex parte hearing, but a full hearing must then be held within ten days. The burden of proof at the full hearing is clear and convincing evidence. The protective order may last up to one year, and may be renewed upon petition, or terminated early if the respondent can show by clear and convincing evidence that such person is no longer a significant danger to self or others.
Takes effect upon being signed into law