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passed both · Delaware · Senate May 12, 2022

SCR 105: PROUDLY STANDING WITH THE DELAWARE STATE UNIVERSITY WOMEN’S LACROSSE TEAM AND CONDEMNING THE ACTIONS OF THE LIBERTY COUNTY SHERIFF’S OFFICE IN HINESVILLE, GEORGIA.

This Resolution expresses the General Assembly's strong support for the Delaware State University Women’s Lacrosse Team, and condemns the actions of the Liberty County Sheriff’s Office in Hinesville, Georgia against the Women’s Lacrosse Team. The Resolution further urges the Governor and General Assembly of Georgia to condemn the actions of the Liberty County Sheriff’s Office, and to take measures to hold those responsible accountable, including providing training and instituting a policy against profiling based on race, ethnicity, religion, or gender.
Melissa Minor-Brown (D) Sean Lynn (D) Trey Paradee (D) · 26 co-sponsors
in committee · Delaware · House May 12, 2022

HB 444: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SENTENCING.

This Act, known as the James Johnson Sentencing Accountability Act, named for Representative JJ Johnson, makes significant changes to sentencing accountability in Delaware. Section 1. This section repeals the provisions of Title 11 that created the Sentencing Accountability Commission. Section 2. This section establishes the Delaware Sentencing Accounting and Guidelines Commission. This Act places the Commission within the Criminal Justice Council to give the Commission the staff and support it needs to effect its purpose. The Commission has 11 voting members, many of whom are already represented on the current sentencing commission. There are also 6 non-voting ex-officio members which include all entities in the criminal justice system. The Commission must meet at least 6 times a year and 6 members constitute a quorum. The Commission shall hire an executive director and additional personnel that are necessary to fulfill the responsibilities of the Commission. During the first 2 years, the Commission must review the existing sentencing guidelines and statutory penalties for each criminal offense and promulgate new sentencing guidelines. The sentencing guidelines shall be the presumption in the sentencing of offenders. The guidelines will provide for a range of incarceration terms that are sufficiently narrow and proportionate to the crime. The guidelines shall also set forth a nonexclusive list of aggravating and mitigating factors. The guidelines will also provide bases for a departure from the presumptive sentence. The goal of the guidelines is to encourage judges to individualize sentencing decisions. By December 1, 2024, the Commission must submit to the General Assembly, the Governor, and the Chief Justice a report of its activities for the first 2 years. This report shall include sentencing guidelines which must first be submitted to the Chief Justice, and then to the General Assembly for final approval by joint resolution. Thereafter, beginning on January 1, 2026, and every 2 years thereafter, the Commission shall submit a biannual report including any revisions to the sentencing guidelines to the Governor, the Chief Justice, the Speaker of the House and President Pro Tempore. The revisions will take effect and have the force and effect of law as of July 1 following submission, unless the General Assembly shall by joint resolution reject the report in its entirety within 30 days following the commencement of its session. The Commission will also develop, in conjunction with the Department of Correction, a community corrections strategy which will consider the existing community corrections programs within the State, the number of offenders, the level or resources, and the effectiveness of community corrections. The Commission will also work with the Department of Correction to develop a correctional-population model to project the future impact on the criminal justice system including the courts and Department of Correction. The Commission’s continuing responsibilities include revising the sentencing guidelines as needed, preparing a yearly correctional-population projection, data collection that tracks criminal cases through the court system and, investigating the existence of possible inequities and the corrections systems across population groups, such as groups defined by race, gender ethnicity and geographic location. Every 5 years, the Commission shall perform an omnibus review of the sentencing system. Section 3. This section provides that until sentencing guidelines are in effect under this Act, the current sentencing guidelines will remain in effect. Section 4. This Act is known as the “James Johnson Sentencing Accountability Act”.
Krista Griffith (D) Sean Lynn (D) Val Longhurst (D) Kyle Gay (D) · 2 co-sponsors
passed both · Delaware · House May 12, 2022

HB 204: AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO BACKGROUND CHECKS AND SUBSEQUENT CRIMINAL HISTORIES FOR POTENTIAL OR CURRENT EMPLOYEES OF CHILD SERVING ENTITIES.

This Act removes the exemption for private schools and youth camps that allows them to use a name, rather than fingerprint, based background check or to choose not to do background checks at all for employees, contractors, or volunteers. The Act also provides that when the federal “rap back system” becomes available, the SBI may provide subsequent federal criminal history information for individuals who have had a background check performed. This Act also authorizes the Superintendent of State Police to promulgate regulations relating to re-use of a criminal background check. Authority is given to Department of Education to pay the costs of background checks for its employees. This bill also adds clarifications for when the Department of Education is the employer. This Act also corrects existing typos in § 309 of Title 31 and makes clarifying changes to the processing of background checks when the Department of Education is the employer.
Nicole Poore (D) Kim Williams (D) · 16 co-sponsors
in committee · Delaware · House May 11, 2022

HB 396: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL DISCIPLINE.

It has been the case for several decades that when a juvenile is arrested or charged with certain crimes, the child's school is notified with an "Attorney General's letter" regardless of whether the crime occurred on school property or had anything at all to do with school. Children can then face disciplinary consequences in school, including being placed in an alternative setting, or even expelled. Since they face consequences in the justice system, this creates the possibility of double punishment. This Act codifies the notification process, limiting notifications to violent felonies, crimes that occur on school property or at a school event, or where the alleged victim attends the same school. It also requires that when an Attorney General’s report is sent, the Attorney General must send a follow-up report within 2 business days letting the school know how the case was resolved. Under this Act, schools may not take disciplinary action against a child while the charge is pending, and may take disciplinary action after case resolution only where it is necessary to protect the health and safety of the school community. Children who are separated from the school environment unnecessarily are likely to become more involved with the justice system. Schools may offer or require counseling or other services for students who are the subject of an Attorney General’s report. When the alleged victim is at the same school, the school may take safety steps as appropriate. The Act specifies that when a child has an IEP or 504 plan, their disability must be considered in the course of any disciplinary proceedings. Finally, the Act requires Attorney General’s reports be handled confidentially and retained past the case resolution only in specified circumstances.
Sherry Dorsey Walker (D) Marie Pinkney (D) · 6 co-sponsors
in committee · Delaware · Senate May 11, 2022

SB 266: AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE GUN OWNERS' BILL OF RIGHTS.

Section 20, Article I of the Delaware Constitution guarantees the individual citizen's right to keep and bear arms for legitimate and lawful purposes such as “defense of self, family, home and State, and for hunting and recreational use.” However, not everyone engaged in business in Delaware readily accepts and honors those rights or the individual Delawarean's ability under the law to lawfully exercise those rights. This Act creates a Gun Owners' Bill of Rights that does the following: (1) Safeguards the rights of an individual or business entity from unscrupulous and discriminatory economic practices such as discriminatory pricing of products, goods, and services because the individual or business entity is a gun owner, hunter, or sportsperson. (2) Prohibits the creation, sale, or distribution of lists and information about firearms and their owners not otherwise authorized or required by law. (3) Prohibits discriminatory economic practices because of an individual's membership in hunting, shooting, or outdoor sports organizations. The rights and remedies contained within this Act for the protection of gun owners, hunters, and sportspersons are similar, if not identical, to those afforded in other consumer settings.
Colin Bonini (R) · 5 co-sponsors
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