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Delaware Bills

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State Legislature US Congress
All 5,473 Active 1,246 In committee 1,188 Passed 1,860 Signed 2,287 Failed 68

Bill results

in committee · Delaware · House Mar 21, 2024

HB 115: AN ACT TO AMEND TITLES 11 AND 16 RELATING TO CIVIL ASSET FORFEITURE.

This Act does all of the following: Requires a conviction before forfeiture. (plea of guilty or no contest, conviction, or dismissal because of completion of a diversion program all count) Puts the burden on the state to prove all facts by clear and convincing evidence. Requires the state to prove by clear and convincing evidence that a non-defendant owner knew about or consented to the unlawful activity before the property may be forfeit. Strikes the presumption that cash with trace amount of drugs on it is presumed to be drug proceeds. Strikes the presumption that money that is in proximity to controlled substances is drug proceeds. The state can still forfeit money if they have other evidence or circumstances that show it is drug proceeds. Prohibits the use of the civil asset forfeiture proceeding for cash in any amount less that $1,000. Changes the process so there is always a hearing before forfeiture. Under current law, there is only a hearing if an owner affirmatively requests one be held. Requires the court to conduct a proportionality analysis prior to ordering a forfeiture – i.e., is the value of the property sought to be forfeit in line with the gravity of the crime. Requires the State to pay reasonable attorney fees to a prevailing party in a forfeiture proceeding. Directs forfeiture proceeds into the General Fund, rather than SLEAF to eliminate the perception that law enforcement might pursue a forfeiture for personal gain. Retains SLEAF and the process of application and distribution, but only where the General Assembly funds it in the regular appropriations process. Makes changes to Title 11 provisions relating to vehicle forfeitures to align with the Title 16 process and the same new procedural protections. Prohibits directing seized property to federal agencies for forfeiture and equitable sharing except for currency in excess of $100,000. Requires the Attorney General to annualy compile and publish a report regarding the number and type of forfeiture cases, case outcomes, and demographic data on persons whose property is seized pursuant to civil forfeiture laws. Directs the Office of Defense Services to provide representation in forfeiture proceedings to a defendant they represent in a related criminal matter.
Ed Osienski (D) Dave Wilson (R) Pete Schwartzkopf (D) Dave Sokola (D) Nicole Poore (D)
in committee · Delaware · Senate Mar 21, 2024

SB 229: AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO AN EMPLOYEE'S RIGHT TO INSPECT PERSONNEL FILES.

This Act extends the right of employees to inspect their own personnel files to former employees. Under this Act, an employer must permit a former employee to inspect the employee's own personnel files that exist at the time of the request. This Act does not create or change any requirements regarding the length of time that an employer must retain personnel files of former employees. This Act also updates the specific information included in personnel files that an employee may inspect and makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Ed Osienski (D) Dave Wilson (R) Frank Cooke (D) Pete Schwartzkopf (D) Dave Sokola (D)
in committee · Delaware · Senate Mar 21, 2024

SB 227: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO INFORMATION TECHNOLOGY STAFF IN SCHOOLS.

This Act creates dedicated information technology units for Delaware public schools. Currently, the State does not provide funding units for information technology employees, leaving districts and charter schools to finance these positions from a variety of funding streams. Information technology personnel are paid across various scales, including the salary scales for educators, custodians, and paraprofessionals. This creates inconsistency and impacts schools’ ability to hire other personnel such as teachers and counselors. For example, if a school or district funds an information technology position using the same unit that funds teacher salaries, that is one less teacher that the district or school can hire. This Act, which stems from the Public Education Compensation Committee’s October 2023 recommendations, prevents this scenario and ensures consistent funding for information technology staff at salary levels that are competitive regionally. This Act is effective July 1, 2025.
Tim Dukes (R) Stell Selby (D) Eric Morrison (D) Cyndie Romer (D) Laura Sturgeon (D)
signed · Delaware · House Mar 21, 2024

HB 15: AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO OVARIAN CANCER.

This Act requires all individual, blanket, and group health insurance policies to cover annual ovarian cancer screening tests for women at risk for ovarian cancer. It further expands the scope of monitoring tests available to women subsequent to ovarian cancer treatment.
Ed Osienski (D) Dave Wilson (R) Pete Schwartzkopf (D) Sherry Dorsey Walker (D) Dave Sokola (D)
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