DOVER, Del. (Legal Newsline) - Delaware Attorney General Beau Biden unveiled a new piece of legislation on Tuesday that would protect servicemembers from defending themselves against civil proceedings like foreclosure.
Senate Bill 206 was developed by Biden's office and is sponsored by state Sen. Bryan Townsend, D-Newark, and state Rep. Earl Jaques, D-Glasgow. SB 206 would create a state-level version of the federal Servicemembers Civil Relief Act and give Biden's office the authority to enforce the new law.
"Members of our military and their families sacrifice to protect Delaware and our country," Biden said. "We need to protect those who protect us. The men and women who are putting their safety at risk should be focused on their mission, not defending themselves at home."
The SCRA prevents servicemembers from having default judgments entered against them when they are on active duty, having their homes foreclosed on while they're deployed and being charged penalties incurred under contracts due to military service.
SB 206 incorporates protections into a state law and expands the SCRA by extending relief to members of the Delaware National Guard who are called into active military service for the state for a period of more than 30 consecutive days. Guard members are not covered under the SCRA.
If the law is passed, Biden's office will have the authority to protect members of the Delaware National Guard. Currently, Biden's office cannot prosecute violators because the protections are only in federal law.
The bill represents the latest effort from Biden's office to strengthen the financial protections given to military personnel and to ensure the laws providing the protections are followed.