Delaware General Assembly

Stricken 7/1/26

HB 75 w/ SA 3

6/29/26

Sokola

This Amendment does all of the following: (1) Provides definitions of terms used throughout this Act, including a definition of “person” for use when describing the employer of the victim’s alleged abuser. (2) Provides requirements for obtaining damages from a person that employed the victim’s alleged abuser, or had some degree of responsibility and control over the victim’s alleged abuser. (3) Specifically waives the sovereign immunity of this State or a county or other political subdivision of this State, including a school district. (4) Provides that the victim’s alleged abuser and a person that employed the victim’s alleged abuser and owed a duty of care to the victim, or had some degree of responsibility and control over an activity which the victim and the victim’s alleged abuser were engaged in, are not joint tortfeasors. (5) Establishes limits on the damages that may be recovered by the victim. (6) Establishes evidentiary criteria for a civil cause of action for sexual abuse of a minor by an adult when the adult is deceased or not sufficiently competent to participate in the defense of the sexual abuse allegations. (7) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including by making words that are plural into words that are singular as § 304 of Title 1 provides that the singular includes the plural.

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