HOUSE OF REPRESENTATIVES

150th GENERAL ASSEMBLY

HOUSE BILL NO. 142

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO THE DOMESTIC VIOLENCE COORDINATING COUNCIL.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 2105, Title 13 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: CHAPTER 21. DOMESTIC VIOLENCE COORDINATING COUNCIL

§ 2105. Fatal and near death incident reviews.

(b) (1)  There shall be a Fatal Incident Review Team that shall consist of 3 co-chairs to be elected by the Council. In addition to the co-chairs, the Review Team shall consist of:

(1) a.  The Attorney General or the Attorney General's designee; designee.

(2) b.  The Chief Defender or the Chief Defender's designee; designee.

(3) c.  The Director of the Division of Family Services or the Director's designee; designee.

(4) d.  The President Judge of the Superior Court, or the President Judge's designee; designee.

(5) e.  The Chief Judge of the Family Court or the Chief Judge's designee; designee.

(6) f.  The Chief Magistrate of the Justice of the Peace Courts or the Chief Magistrate's designee; designee.

(7) g.  The Director of the Division of Substance Abuse and Mental Health, or the Director's designee; designee.

(8) h.  The Commissioner of the Department of Correction or the Commissioner's designee; designee.

(9) i.  A law-enforcement officer to be appointed by the Delaware Police Chiefs' Council; Council.

(10) j.  A treatment provider from a certified batterers' intervention program appointed by the Council; Council.

(11) k.  Two victim advocates appointed by the Council; and, Council.

(12) l.  A victim or survivor of domestic violence appointed by the Council. Council.

m. A licensed health care professional knowledgeable in the screening and identification of domestic violence cases appointed by the Council.

(2) All members of the Review Team, plus other individuals invited to participate, shall be considered part of the review panel for a particular case or incident. The Review Team shall invite other law-enforcement personnel to serve and participate as full members of a review panel in any case in which a law-enforcement agency has investigated the death or near death under review or any prior domestic violence incident involving the decedent or near death victim. The Review Team may also invite other relevant persons to serve on an ad-hoc basis and participate as full members of the review panel for a particular review. Such persons may include , but are not limited to, individuals with particular expertise that would be helpful to the review panel, representatives from those organizations or agencies that had contact with or provided services to the individual prior to that individual's own death or near death, that individual's abusive partner or family member , and /or the alleged perpetrator of the death or near death.