Delaware General Assembly

Senate Judiciary 3/12/26

Awaiting consideration in Committee

HB 272

3/5/26

Heffernan

Reps. Griffith, Romer, Ross Levin
Sen. Lockman

Reps. Minor-Brown, Berry, Gorman, Lambert, Neal, Snyder-Hall
Sen. Cruce, Hansen, Pinkney

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMES AGAINST PUBLIC ORDER.

Like House Bill No. 272, this Substitute creates the new crime of "interference with reproductive health services or exercise of religion”, which is based on a substantially similar federal law (18 U.S.C. § 248). The Superior Court is vested with jurisdiction over criminal prosecutions of this offense. This Substitute for House Bill No. 272 adds clarification by defining “place of worship”. This Substitute also replaces the phrase “discourage any person from obtaining or providing reproductive health services” with “seek to persuade any person with respect to a reproductive health choice or the provision of reproductive health services.” Finally, this Substitute adds language modeled on the similar federal law to clarify that nothing in this law (1) prohibits expressive conduct, including peaceful picketing or demonstration, that is protected under either the U.S. or Delaware Constitution, (2) creates new remedies for interference with activities protected by the free speech or exercise clauses or limit any existing legal remedies for such interference, nor (3) provides exclusive criminal penalties or civil remedies with respect to conduct prohibited under this law.

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