7-20-2008 Delaware:
A bill that would put the names of people found liable for sexual abuse in Delaware's civil courts onto a court-administered public registry awaits Gov. Minner's signature.
State Sen. Karen Peterson, D-Stanton, sponsor of the bill, said it is the second part of the 2007 Child Victim's Act.
The bill S.B. 319 (see below) was introduced late in the session, June 19, but passed both chambers (20-1 in the Senate, 24-6 in the House with nine not voting and two absent) before lawmakers adjourned in the wee hours of July 1.
The "Civil Sexual Abuse Report" would be posted in the courthouse and on the court's Web site and would include the name and address of the defendant and the offense for which he or she was found liable. It would not include those whose cases were settled out of court, Peterson said.
Minner must decide early this week if she will sign it, spokeswoman Kate Bailey said. Minner's legal counsel still is reviewing the bill, Bailey said.
A bill introduced by state Rep. Greg Lavelle, R-Sharpley, that would remove the state's sovereign immunity in cases of child sexual abuse died this session, never emerging from the Senate Judiciary Committee.
He will bring it back next year, he said.
"To me, the issue is child sexual abuse -- the failure of institutions charged with the safety and protection of children -- and the state of Delaware gets a pass," he said. "My 8-year-old son is cognitively disabled. He cannot speak. He goes to public school. He is a symbol of the at-risk youth who are molested at a much higher rate. ... And that institution has continued to hold on to its immunity. What are they afraid of?"
Peterson says Lavelle's bill is unnecessary, that the 2007 law allows suit for "gross negligence," including schools, school districts, and public employees. ..News Source.. by BETH MILLER • The News Journal
DELAWARE STATE SENATE, 144th GENERAL ASSEMBLY
SENATE BILL NO. 319
AN ACT TO AMEND TITLE 10, CHAPTER 76 RELATING TO THE COURTS AND SEXUAL ABUSE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Title 10, Part IV Special Proceedings by adding a new Chapter 76 to read as follows:
“Chapter 76 Civil Sexual Abuse Liability Report.
“Section 7601 Civil Sexual Abuse Liability Report - Purpose
The purpose of this act is to ensure that the public is informed about persons found liable of sexual abuse in this State.
§7602 Civil Sexual Abuse Report
Civil Sexual Abuse Liability Report (“the Report”) shall mean a report that each court shall post in a public place in the court house and on the court’s web site. The Report shall list all persons found liable for Sexual Abuse in that court. The report shall be entitled “Civil Sexual Abuse Report”. The list shall include the name and address of defendant and the offense or cause for which the defendant was found liable and shall be updated within one week when a defendant is found eligible or when a defendant has been relieved from eligibility pursuant to §7602 and 7604, respectively, of this Chapter. A defendant found eligible must keep the court apprised of his or her current address.
§7602 Petition and Eligibility
If a civil complaint is filed alleging sexual abuse and if a verdict of liability is returned by a jury or judge, then the plaintiff or victim of the sexual abuse or his or her representative may petition the court to place the defendant on the Civil Sexual Abuse Report. To establish eligibility, the court must determine whether the civil offense for which a verdict of liability was rendered has similar elements to an offense that would require registration pursuant to Title 11, Subchapter III (The sex offender's registry).
§7604 Relief
A defendant may petition the court for relief, to be removed from the report, after five years. Such relief may be granted upon a showing of good cause. Such petition shall be notice to all parties of the original suit.
This Bill requires courts to post a list of individuals found liable for sexual abuse. The plaintiff would have to petition the court for such a posting and the court would have to find the liability qualifies.
Author: Senator Peterson
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