CHAPTER 319

FORMERLY

HOUSE BILL NO. 439

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PROSTITUTION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend §1342 of Title 11 of the Delaware Code by redesignating the existing text of said section as subsection "(a)", and by adding a new subsection (b) to read as follows:

"(b) Any person found guilty of an act of prostitution when such crime has occurred on or within 1,000 feet of the property of any school, residence, church, synagogue or other place of worship shall be guilty of a class A misdemeanor. The minimum mandatory fine shall be $500. This fine shall not be suspended.

(1) It shall not be a defense to prosecution for a violation of this section that the person was unaware that the prohibited conduct took place on or within 1,000 feet of any school property, residence, church, synagogue or other place of worship."

Section 2. Amend §1343 of Title 11 of the Delaware Code by adding a new subsection (e) to read as follows:

"(e) Any person found guilty of patronizing a prostitute and such crime has occurred on or within 1,000 feet of the property of any school, residence, church, synagogue or other place of worship shall be guilty of a class A misdemeanor. The minimum mandatory fine shall be $1,000. This fine shall not be suspended.

(1) It shall not be a defense to prosecution for a violation of this section that the person was unaware that the prohibited conduct took place on or within 1,000 feet of any school property, residence, church, synagogue or other place of worship."

Section 3. Amend §1356 of Title 11 of the Delaware Code by adding a new section (4) to read as follows:

"(4) 'School' means any preschool, kindergarten, elementary school, secondary school, vocational technical school or any other institution which has as its primary purpose the education or instruction of children under 18 years of age."

Section 4. Amend Title 11 of the Delaware Code by adding a new §1345 to read as follows:

"§1345. Screening for sexually transmissible diseases.

(a) Any person convicted under §1342 or §1343 of Chapter 5 of this Title shall be ordered to undergo testing for sexually transmitted diseases, abbreviated STD, as designated by the Department of Health and Social Services in its rules and regulations.

(b) The result of any STD test conducted pursuant to this subsection shall not be a public record for purposes of Chapter 100 of Title 29.

(c) The result of any STD testing conducted pursuant to this section shall only be released by the Division of Public Health to the defendant, the defendant's spouse and the Court issuing the order for testing except as otherwise permitted under 16 Del.C. §711.

(d) The cost of testing under this section shall be paid by the defendant tested unless the Court has determined that the defendant is an indigent person.

(e) Filing of a notice of appeal shall not automatically stay an order that the defendant submit to STD testing.

Approved June 28, 2006