Legislative Updates
House Amendent 1 to HB27
This amendment adds a retired judicial officer with knowledge of human trafficking to the membership of the Delaware Anti-Trafficking Action Council. This amendment also makes technical corrections to conform with the Legislative Drafting Manual.
HB23
This act makes the following changes to human trafficking law:
- It adds “patronizing a victim of sexual servitude” and “ trafficking of persons for use of body parts” to the offenses that may serve as a predicate for forfeiture of property under the trafficking statute.
- It removes an obsolete reference to charging a minor with delinquency for engaging in prostitution. The Criminal Code was revised in 2019 to define prostitution as a crime that may be committed only by a person who is 18 years of age or older.
- It adds conduct constituting a human trafficking offense to the list of conduct that constitutes “abuse” for purposes of obtaining a protective order in Family Court
HB264
An Act to Amend Title 11 of the Delaware Code Relating to Patronizing a Prostitute.
This Act makes the crime of “patronizing a prostitute” a class E felony rather than a misdemeanor where the person from whom prostitution is sought is a minor. Prior to House Bill 264, when adults patronized a minor for sex it was an unclassified misdemeanor. This act added protection to some of our most vulnerable and the appropriate level of recourse for an adult attempting to purchase a child for sex. DATAC wishes to thank Representative Williams and Senator Poore for their continued legislative leadership to effectively combat trafficking in Delaware.
SB197
Was the first law to establish policies and procedures around combating Human Trafficking in Delaware. It also established the Human Trafficking Interagency Coordinating Council. The law established the first public awareness requirements and signage in Delaware. Human Trafficking was also added to our criminal code. It was signed by the Governor on 4/10/2014.
HB398
Renamed the Human Trafficking Interagency Coordinating Council to the Delaware Anti Trafficking Action Council (DATAC). This also moved DATAC under the Criminal Justice Council, instead of Delaware Health and Human Services. Created staffing positions that are dedicated to combating human trafficking. The Council named this Act for and honor the late Ms. February O’Donnell and the late Ms. Amy Day. Ms. O’Donnell, a human trafficking survivor, and Ms. Day, a victims’ services volunteer who started the nonprofit, Meet Me At The Well, were remarkable women who helped lead the way in Delaware”s fight against human trafficking.
SB43
“Signs of Hope” increased the mandated location that must display human trafficking awareness signage. It also increases the role and responsibilities of the Department of Labor in enforcing the mandate. The fines increase after repeated non-compliance. The additional State facilities and categories are as follows:
State service centers
Wellness centers
Residential childcare facilities
Transitional and independent living service providers for youth aging out of foster care
Shelters for victims of domestic violence or sexual assault or individuals experiencing homelessness or food insecurity
Hotels
Convenience stores along a major highway
Gas stations along a major highway
Casinos
Restaurants with liquor licenses
Poultry processing plants
Bus or train stations
Bars
Massage establishments
Shopping malls
Adult entertainment establishment