Legislative Updates
House Bill 42 – HB 42
This bill does all of the following regarding suspected human trafficking of children:
Establishes that the Office of the Child Advocate will staff the review panel and oversight committee.
This Act ensures that Delaware law is consistent with federal law requiring states to consider victims of human trafficking as victims of child abuse and neglect, and requiring the Department of Children, Youth and Their Families to investigate these cases. See the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et. seq.) and Justice for Victims of Trafficking Act (Pub. L. 114-22).
- Ensures the sharing of information between the Child Protection Accountability Commission (CPAC) and the Delaware Anti-Trafficking Action Council.
- Expressly requires a multidisciplinary response to these cases, similar to child deaths and serious physical injury.
- Even though human trafficking of children is child abuse, specifically delineates it throughout the child abuse multidisciplinary investigative response.
- Codifies a review panel and oversight committee within CPAC for these cases, with the same authority, subpoena power, and immunities provided to the system that reviews child abuse deaths and near deaths.
- Establishes that the Office of the Child Advocate will staff the review panel and oversight committee.
- This Act ensures that Delaware law is consistent with federal law requiring states to consider victims of human trafficking as victims of child abuse and neglect, and requiring the Department of Children, Youth and Their Families to investigate these cases. See the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et. seq.) and Justice for Victims of Trafficking Act (Pub. L. 114-22).
Senate Bill 143 – SB143
In Delaware, a fiduciary can access digital assets and digital accounts under Chapter 50 of Title 12. A fiduciary must send to the custodian of digital assets or digital accounts a valid written request for access. The custodian must comply with the valid written request within 60 days. If the custodian fails to comply, the fiduciary can ask the Court of Chancery (the “Court”) for an order directing the custodian to grant access to the digital assets. If the fiduciary seeking access to a digital asset or digital account is a parent or legal guardian of a minor deceased account holder, this Act requires the Court to treat the application as expedited and aim to resolve the application within 30 days after the application is filed.
Senate Bill 142 – SB142
In Delaware, sexual extortion is a crime under § 774 of Title 11. It is classified as a Class E felony punishable by up to 5 years in prison. This Act increases the penalty for sexual extortion to a Class B felony, which is punishable by a minimum of 2 years in prison up to a maximum of 25 years in prison, under the following circumstances: The defendant is an adult and the victim is a child, as defined in § 1100 of Title 11, or a vulnerable adult, as defined in §1105 of Title 11.
House Amendment 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.
House Bill 23 – 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
House Bill 264 – 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.
Senate Bill 197 – 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.
House Bill 398 – 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.
Senate Bill 43 – 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
House Bill 136 – HB136
A placard must be prominently displayed at any entrance of a massage and bodywork establishment that has failed to obtain a valid license or has a license that is suspended, revoked, or expired. This Act provides that no placard can be removed unless the removal of the placard is approved by the Division of Professional Regulation. This Act makes the unlawful removal of the placard a class A misdemeanor, punishable by up to 1 year in jail and up to a $2300 fine.