Bill Sponsor
Delaware Senate Bill 73
Session 153
An Act To Amend Title 10 Of The Delaware Code Relating To Lethal Violence Protective Orders.
Became Law
Became Law
Signed by Governor on Aug 20, 2025
First Action
Mar 13, 2025
Latest Action
Aug 20, 2025
Origin Chamber
Senate
Type
Bill
Bill Number
73
State
Delaware
Session
153
Sponsorship by Party
Democrat
Primary
Democrat
Primary
Democrat
Primary
Democrat
Primary
Republican
Primary
Democrat
Primary
Summary
This bill clarifies that only law enforcement officers may petition for emergency relief in the Justice of the Peace Court pursuant to Title 10, Section 7703. The statute is currently ambiguous with regard to who may file pursuant to Section 7703. Section 7701(4) defines a "Petitioner" as a law enforcement officer or any person who would be qualified to file a Petition for Protection from Abuse. Section 7702(a) provides that "a petitioner may request relief under section 7703 (Emergency hearings) or Section 7704 (Nonemergency hearings)." However, Section 7703 only addresses the process a law enforcement officer must follow to procure a Lethal Violence Protective Order ("LVPO") and fails to mention any other class of petitioner. At the time of the passage of the LVPO statute, there was specific discussion and intention to prevent individuals from filing for emergencies in the Justice of the Peace Court for the same reason that citizen warrants are no longer accepted in that Court. This conclusion is borne out by the fact that Section 7703 does not prescribe any procedure or burden of proof an individual would need to meet to prevail in an emergency petition for a LVPO. As with Weapons Relinquishment Orders governed by Section 1448C of Title 11, this proposed bill requires requests for emergency relief to come through a law enforcement agency rather than directly from an individual member of the public. The bill removes the confusion that exists with the current wording of the statute.
Actions (7)
08/20/2025
Office of the Governor
Signed by Governor
06/12/2025
House
Passed By House. Votes: 40 YES 1 ABSENT
05/21/2025
House
Reported Out of Committee (Judiciary) in House with 9 On Its Merits
04/09/2025
House
Assigned to Judiciary Committee in House
04/08/2025
Senate
Passed By Senate. Votes: 21 YES
03/26/2025
Senate
Reported Out of Committee (Judiciary) in Senate with 1 Favorable, 4 On Its Merits
03/13/2025
Senate
Introduced and Assigned to Judiciary Committee in Senate
Sources
Record Created
Mar 13, 2025 10:05:29 PM
Record Updated
Sep 19, 2025 6:25:41 PM