DelawareHS 2 for HB 218153rd General Assembly (2024–2026)House

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO INTERPERSONAL AND SEXUAL VIOLENCE IN THE MILITARY.

Sponsored By: Nnamdi O. Chukwuocha (Democratic)

Signed by Governor

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3 provisions identified: 3 benefits, 0 costs, 0 mixed.

Military orders support emergency domestic violence protection

Beginning January 1, 2027, Delaware courts must weigh an existing military protective order in favor of emergency domestic violence protection. Military orders include orders issued by armed forces or National Guard commanders against someone under their command. The first emergency hearing without the other person's participation occurs the same day or next day. Other emergency hearings occur within 15 calendar days after filing. A full hearing follows within 15 days after an emergency order, extendable to 30 days for service or continued protection. Courts must grant appropriate relief when domestic violence is more likely than not proven, or the other person consents. The person seeking protection receives a certified copy, and the other person must be served unless the order records their appearance.

Military orders support sexual violence protection

Beginning January 1, 2027, Delaware courts must consider existing military protective orders when granting temporary sexual violence protection. This applies to hearings held without notifying or hearing from the person accused. These hearings must occur within 72 hours after filing. The person seeking protection must show that non-consensual sexual conduct or penetration by the accused more likely than not occurred. They must also show that the accused's statements or actions create a reasonable fear of future harm. They must show an immediate and present danger of physical injury.

Police must report suspected military order violations

Beginning January 1, 2027, Delaware police must report suspected violations of military protective orders registered in the FBI crime database. Officers must have probable cause to believe a service member violated the order and notify the agency that registered it. This creates no personal reporting duty for the service member. Separately, officers must arrest someone when probable cause shows they violated a covered civilian protective order and had notice of it. That includes valid protection orders from other jurisdictions; no arrest warrant is required. Officers can use paper or electronic orders, including Delaware's criminal justice database, to establish probable cause.

Sponsors & Cosponsors

Sponsor

Nnamdi O. Chukwuocha
Democratic • House

Cosponsors

Krista Griffith
Democratic • House
Kerri Evelyn Harris
Democratic • House
Eric Morrison
Democratic • House
Nicole Poore
Democratic • Senate
Cyndie Romer
Democratic • House
David L. Wilson
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 58 • No: 0

Senate vote • 7/1/2026

Passed (SM required)

Yes: 20 • No: 0

House vote • 6/16/2026