SPONSOR:
           Rep. DiLiberto ;
 Reps. Ewing, Spence, Carey, Williams, Lavelle,
 Stone; Sens. Henry, Amick
 

                                     HOUSE OF REPRESENTATIVES

                                      141st GENERAL ASSEMBLY
 

                                         HOUSE BILL NO. 343
 

 AN ACT TO AMEND CHAPTER 90, TITLE 11 OF THE DELAWARE CODE RELATING TO COMPENSATION FOR
 INNOCENT VICTIMS OF CRIME.
 

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

WHEREAS, on September 11, 2001, the United States of America suffered the tragic loss of lives and the infliction of incalculable injuries to persons in New York, Pennsylvania and Virginia as a result of terrorist attacks upon our great nation; and

WHEREAS, the victims and their families have lost untold amounts in funeral, medical, counseling and other such expenses; and

WHEREAS, the members of the Delaware General Assembly endeavor to ease the suffering of the Delaware victims and their families in this time of need; and

WHEREAS, Chapter 90 of Title 11 of the Delaware Code provides for the Compensation for Innocent Victims of Crime, which Act compensates Delaware residents who are the victims of, among other crimes, terrorist acts that occur outside the United States; and

WHEREAS, the Delaware General Assembly recognizes the need to include domestic terrorism within the definition of terrorist acts so that the Delaware victims and families of the September 11 tragedy can become eligible to file a claim to receive compensation from this compensation fund.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §9001, Title 11 of the Delaware Code by inserting the phrase "or Delaware victims of terrorist acts" after the phrase "who are victims of crimes committed within the State" and before the phrase ", and it is therefore the declared purpose of this chapter".

Section 2. Amend §9002(3)(e), Title 11 of the Delaware Code by inserting the words "or inside" after the words "committed outside" and before the words "the United States".

Section 3. Amend §9002(3)(e), Title 11 of the Delaware Code by inserting the words "or domiciliary" after the word "resident".

Section 4. Amend §9017, Title 11 of the Delaware Code by inserting the punctuation and numbering ":(1)" after the phrase "This chapter shall apply to" and before the words "all persons" and by inserting the following after the words "or thereafter within this State" and before the period at the end of the sentence:
", and (2) all Delaware residents and domiciliaries who are victims of terrorist acts".

Section 5. This Act is effective September 10, 2001.

                                            SYNOPSIS

 Recognizing the tragic loss of the life as a result of the September 11, 2001 terrorist attacks, this bill seeks to include
 Delaware domiciled victims within the scope of potential eligibility for benefits from the Delaware Violent Crimes
 Compensation Board. Current law provides that victims of terrorist acts that occur outside the United States may be
 compensated by the victim's compensation fund provided the victim is a Delaware resident. This bill expands the
 definition of terrorist act to include terrorist acts that occur within the United States. The bill further expands the eligibility
 for receipt of benefits by changing the residency requirement for the victim of a terrorist act to a domiciliary requirement.
 A resident is typically the current, temporary physical place of abode. By contract, a person's domicile is the intended
 permanent place of residence, even if one does not currently live there.

Status: House Judiciary Committee   On   11/01/2001 12:00:00 AM