HOUSE BILL NO. 46
AS AMENDED BY HOUSE AMENDMENT NO. 2 AND
SENATE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO DOMESTIC VIOLENCE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend Chapter 39, Title 11 of the Delaware Code, by adding a new section which shall read as follows:
“§ 3906. Domestic Violence Offenses.
The sentence for a second conviction for any crime or attempt to commit any crime hereinafter specifically named when such crime is committed by a member of the victim’s family as defined by §901(9) of Title 10, regardless of the state of residence of the parties; by a former spouse of the victim; by a person who cohabited with the victim at the time of the offense; or by a person with a child in common with the victim shall include completion of a psychocial assessment. Such crimes shall be:
(1) any offense set forth in subchapter II of chapter 5 of Title 11 of this Code;
(2) any offense set forth in subparts A and B of subchapter III of Title 11 of this Code;
(3) any offense set forth in subpart A of subchapter V of Title 11 of this Code;
(4) any offense set forth in sections 1301, 1311, 1312 or 1312A of Title 11 of this Code, administered by any agency or batterer’s intervention treatment provider certified by the Domestic Violence Coordinating Council, and adherence to all recommendations made in the completed assessment. The court shall impose any other appropriate legal sanction, including fines or incarceration, along with the required completion of the assessment.
Nothing in this section shall be construed to preclude a court from mandating this treatment in any first offense situation.”
Approved June 24,1999