This Act is the second leg of a constitutional amendment that would update the minimum voting age in the Delaware Constitution from twenty-one years to eighteen years. The first leg of this constitutional amendment was Senate Bill No. 294 of the 151st General Assembly, which became Chapter 350 of Volume 83 of the Laws of Delaware. On passage of this second leg by this General Assembly this amendment will become part of the Delaware Constitution. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly when the General Assembly amends the Delaware Constitution.
In 2022, the General Assembly passed HB 115, which prohibits the criminal prosecution of children under the age of 12, and limits delinquency proceedings for children under 12 to a small set of very serious crimes. This Act clarifies that children under 12 may not be arrested or placed in a detention facility pending adjudication, except where the alleged crime is one of the enumerated exceptions.
This Concurrent Resolution recognizes April 23-29, 2023, as "Crime Victims' Rights Week" in the State of Delaware. The following websites provide more information on Crime Victims' Rights Week and the resources available to victims and survivors of crime: Delaware Coalition Against Domestic Violence, at https://dcadv.org Delaware Victims' Rights Task Force, at https://delawarevictimservices.org.
This Concurrent Resolutions recognizes April 25, 2023, as Delaware Teach Children to Save Day.
This Act creates a separate offense for theft of a catalytic converter. A first offense of catalytic converter theft is a class A misdemeanor unless the value of the stolen property is $1,500 or more, in which case it is a class G felony. A second offense of theft of a catalytic converter within the previous 5 years is a class G felony, regardless of the value of the stolen property. Where a victim is 62 years of age or older, an adult who is impaired, or a person with a disability, a first offense of theft of a catalytic converter is a class G felony unless the value of the stolen property is $1,500 or more, in which case it is a class F felony. A second offense of theft of a catalytic converter within the previous 5 years is a class F felony, regardless of the value of the property stolen. Where the value is the property is more than $50,000 but less than $100,000, theft of a catalytic converter is a class D felony. Where the value of the property is $100,000 or more, theft of a catalytic converter is a class B felony. This Act increases the reporting requirements for scrap metal processors when they acquire scrap metal including catalytic converters. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act requires the State to fund a Mental Health Professional and Mental Health Coordinator position for each district and charter school by the 2024-25 school year. The Mental Health Professional and Mental Health Coordinator must develop partnerships with community-based organizations, work to establish collaborative relationships with the school, families, and local community, create an implementation plan, and undertake an assessment of the district's mental health needs.
This Senate Resolution respectfully requests the President of our United States of America posthumously pardon the Delaware Underground Railroad hero and abolitionist John Hunn.
This Concurrent Resolution observes April 2023, as the 2023 Month of the Military Child in the State of Delaware. This Resolution also recognizes the late Colonel Dr. Ronald G. Sarg (USAF, ret.) and his participation and commitment on the MIC3 (Military Interstate Children’s Compact Commission) State Council.
This Act is the second leg of a constitutional amendment that would prohibit the regular session of the General Assembly from extending beyond 5:00 p.m. on the last day of June, unless the session is recalled by the Governor or the presiding officers of both Houses. This changes the time beyond which a regular session of the General Assembly may not extend from midnight on June 30 to 5:00 p.m., which changes the time at which the presiding officers of both Houses must act to recall the General Assembly into special session. This means the General Assembly no longer has to remain in session until midnight to recall itself into special session. The first leg of this constitutional amendment was House Bill 411 of the 151st General Assembly published in Chapter 324 of Volume 83 of the Laws of Delaware. On passage of this second leg by this General Assembly this amendment will become part of the Delaware Constitution. This Act does not change the date of or process for “final adjournment,” as defined in Opinion of the Justices, 175 A.2d 543, 545 (Del. 1961) (“‘[F]inal adjournment’ . . . means the adjournment sine die of the second regular session, or, in the absence of such adjournment, the extinguishment of the particular General Assembly by reason of expiration of the terms of office of the members.”). In addition, this Act contemplates that each House will continue its traditional practice of recessing to the call of the chair. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.
This Act is the second leg of an constitutional amendment to the Delaware Constitution to enable the General Assembly to designate who is responsible for providing notice of a proposed amendment to the Constitution and how the notice is disseminated. This change gives the General Assembly flexibility in the dissemination of the notice, particularly as technology advances. This Act also changes the timeframe of dissemination from 3 months to between 120 and 90 days. The first leg of the constitutional amendment was House Bill No. 130 of the 151st General Assembly, which became Chapter 147 of Volume 83 of the Laws of Delaware. On passage of this second leg by this General Assembly this amendment will become part of the Delaware Constitution House Bill No. 131 of the 151st General Assembly, codified in § 914 of Title 29 of the Delaware Code, implements the procedure for notice of a proposed amendment to the Delaware Constitution based on the authority granted by this Act and takes effect on the enactment of this Act. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.
In 2022, the General Assembly passed HB115, which prohibits the criminal prosecution of children under the age of 12 and limits proceeding against a minor as an adult to a narrow set of serious crimes alleged to have been committed by children 16 or older. This Act clarifies that children under 12 may not be arrested or detained pending adjudication, except where the alleged crime is one of the enumerated exceptions, and aligns other language in Title 10 with the limitations on transfer of children from Family to Superior Court.
This Act clarifies that police officers shall assist the Office of Animal Welfare and Department of Agriculture, as occasion requires, in enforcement of all laws for protection and control of animals. The Act prohibits the owner or person in possession or control of a dog from allowing the dog to bark for an extended period, defined as continuously for 15 minutes or more, or intermittently for 30 minutes or more. The Act exempts barking dogs if someone is trespassing on private property where the dog is located. The Act also exempts animal shelters, pet stores grooming facilities, veterinary offices and animal clinics. The Act also transfers the authority to impose and collect fines and penalties, for violations of laws relating to protection and control of animals, under this title to the enforcing agency. This Act takes effect on January 1, 2024.
