Delaware Bills

in committee · Delaware · Senate Jan 6, 2022

SB 206: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO COMPARATIVE POLITICAL IDEOLOGY INSTRUCTION.

This Act requires a school district or charter school serving high school students to provide instruction in comparative political ideology in grade 10. The instruction must include a comparative discussion of political ideologies, including communism and totalitarianism, which conflict with the principles of freedom and democracy essential to the founding principles of the United States. The purpose of this instruction is to do all of the following: (1) Explore various political ideologies, including communism and totalitarianism. (2) Highlight the conflict other political ideologies have with the founding principles of the United States. (3) Prepare students to be responsible citizens in a free democracy. (4) Develop a recognition of and acceptance for the responsibility for preserving and defending the blessings of liberty inherited from prior generations and secured by the United States Constitution. (5) Reaffirm the commitment to freedom and democracy essential to the founding principles of the United States. This Act requires the Department of Education (“Department”) to make resources available to school districts and charter schools to assist them in providing the required instruction. Additionally, the Department is required to curate and make publicly available oral history resources, to be used along with the required instruction, that provide the personal stories of diverse individuals who demonstrate civic-minded qualities, including first-person accounts of victims of other nations’ governing philosophies who can compare those philosophies with those of the United States. This Act requires each school district or charter school to designate an individual responsible for overseeing the implementation of the instruction required under this Act. The designated individual is to report to the Department each year regarding how the required instruction has been implemented by that individual’s school district or charter school. The Department is to report each year to the Governor and General Assembly. The implementation of this Act is delayed until the 2023 through 2024 school year to give school districts and charter schools time to develop the instruction required under this Act and the Department time to curate and provide the required oral history resources.

in committee · Delaware · House Jan 6, 2022

HB 278: AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO PERSONAL INCOME TAXES.

This Act requires personal income tax brackets to be annually adjusted for cost-of-living increases. This will prevent tax increases due to "bracket creep" caused by cost-of-living raises given to workers. This Act will be effective for tax years beginning after December 31, 2022.

in committee · Delaware · Senate Dec 16, 2021

SB 201: AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE PUBLIC EMPLOYMENT RELATIONS ACT.

This bill amends the Delaware Public Employment Relations Act in two ways. First, it expands the jurisdictional application of the Act to employers with less than 100 employees and as few as 10. Second, it requires the Board either to issue written decisions following hearings on unfair labor practice charges within 180 days of the close of the record, or, if the Board requires more time to issue its decision, it must provide a written notice to the parties advising of the same within the 180 day period and every 30 days thereafter.

signed · Delaware · House Nov 8, 2021

HB 162: AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO SERVICES FOR YOUTH.

The 18-month recidivism rate among juveniles released from Delaware’s Level 4 and Level 5 juvenile detention facilities is over 80%. This Act creates a fund to allow the Department of Services for Children, Youth, and their Families to award competitive grants for the targeted provision of services that have been proven effective in helping juveniles avoid contact with the criminal justice system. This Act also allocates $500,000 for FY 2022 to the Fund for provision of cognitive behavioral therapy services and vocational training services. Finally, the bill updates outdated language.

signed · Delaware · House Nov 8, 2021

HB 115: AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO JUVENILE PROSECUTION.

United States Supreme Court case law and scientific research has changed how we think about juvenile delinquency. We know now that an adolescent’s brain is not fully developed until the mid-twenties which makes juveniles especially prone to poor decision-making. In the landmark case of Miller v. Alabama, in which the United States Supreme Court prohibited mandatory life sentences without parole for juveniles on the rationale that children are inherently different than adults, the Court relied not only scientific research but on common sense and what any parent knows: kids will be kids. Children in Delaware have minimum ages set for many things: getting a driver’s license, enlisting in the military, applying for a loan or opening a credit card, using a tanning bed, drinking alcohol, and buying tickets to an R-rated movie. This legislation sets a minimum age at which a child may be prosecuted, except for the most extreme offenses. This Bill prohibits the prosecution of children under the age of 12. It also bars the transfer of juvenile prosecution to the Superior Court unless the child is aged 16 or older. The exception to the prohibition on prosecuting children under 12 and transfer to Superior Court for children under 16, is only for the most serious of charges: murder in the first degree, murder in the second degree, rape in the first and rape in the second degree or accused of using, displaying, or discharging a firearm during the commission of a Title 11 or a Title 31 violent felony set forth in § 4201(c) of Title 11. However, the bill allows for the prosecution of children under 12 for title 11 violent felonies and misdemeanor crimes of violence until January 1, 2022, when prosecution of such children will expire and thereafter children under the age of 12 who are suspected of committing a Title 11 violent felony or misdemeanor violent felony will be referred to the Juvenile Offender Civil Citation Program.

signed · Delaware · House Nov 8, 2021

HB 215: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ELECTRONIC RECORDATION OF CUSTODIAL INTERROGATIONS.

Confessions are powerful evidence of guilt. Therefore, this Act adopts the Uniform Law Commission's Uniform Electronic Recordation of Custodial Interrogations Act to promote truth-finding, promote efficiency, and protect constitutional values. Specifically, this Act mandates electronic recording of the custodial interrogation process by law enforcement when the interrogation relates to a crime allegedly committed by an adult or a delinquent act allegedly committed by a child. The type of recording required, either audio or audio and video, depends on the location of the custodial interrogation. Recognizing that a blanket requirement of recording electronically all interrogations is not feasible, this Act provides 5 exceptions to the recording mandate: (1) exigent circumstances, (2) an individual's refusal to be recorded, (3) interrogations occurring in other jurisdictions, (4) when the interrogator or interrogator's supervisor reasonably believes electronic recording would reveal a confidential informant's identity or jeopardize the safety of the officer, the individual interrogated, or another individual, and (5) equipment malfunctions. Further, this Act requires the prosecution to notify the defense of an intention to introduce an unrecorded statement and of the exception that permitted the lack of recording. This Act requires the prosecution to prove by clear and convincing evidence that an exception applies. This Act also prescribes remedies for violations of the electronic recording requirement, including the giving of a cautionary instruction to the jury. Additionally, this Act provides civil immunity for both law enforcement officers and law enforcement agencies. Finally, this Act requires the Council on Police Training to adopt rules to implement this Act, which are to be enforced by each law enforcement agency.

signed · Delaware · Senate Nov 8, 2021

SB 148: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DIVISION OF CIVIL RIGHTS AND PUBLIC TRUST.

This Act expands the Division of Civil Rights and Public Trust’s responsibility to review deadly use of force incidents by law enforcement by adding review of cases involving serious physical injury. It also requires that if the Division issues a public report on the use of force, the report must include the race of the law enforcement officer who used force, the race of the individual on whom force was used, and whether race was a relevant or motivating factor.

signed · Delaware · Senate Nov 8, 2021

SB 112: AN ACT TO AMEND TITLE 10, TITLE 11, AND TITLE 16 OF THE DELAWARE CODE RELATING TO EXPUNGEMENT.

This Act expands eligibility for mandatory expungement of adult and juvenile cases by doing all of the following: 1. Aligns eligibility for juvenile expungement so that all cases eligible for adult expungement are eligible for juvenile expungement. 2. Allows all cases terminated in favor of the accused and cases for underage possession or consumption of alcohol under § 904(e) or (f) of Title 4, possession of marijuana under § 4764 of Title 16, or possession of drug paraphernalia under § 4771 of Title 16 to be expunged, regardless of prior or subsequent adjudications or convictions. 3. Repeals § 4764(j) of Title 16 because this Act makes cases for marijuana possession eligible for mandatory expungement under § 1017 of Title 10 and § 4374 of Title 11. 4. If a person has no prior or subsequent convictions, makes a case for drug possession under § 4756 of Title 16 eligible for mandatory expungement 5 years after conviction. Juvenile adjudications of delinquency for drug possession under § 4756 of Title 16 are already eligible for mandatory expungement so no corresponding change is necessary to § 1017 of Title 10. 5. If a person has no prior or subsequent convictions, makes additional felony convictions eligible for mandatory expungement 10 years after conviction. Juvenile adjudications of delinquency for these felonies are already eligible for mandatory expungement so no corresponding change is necessary to § 1017 of Title 10. 6. Applies existing exceptions for eligibility for mandatory expungement because of the status of the victim to the offenses that become eligible under this Act. 7. Makes corresponding changes to other expungement sections in Title 10. This Act adds a misdemeanor conviction for official misconduct to the offenses that are ineligible for mandatory expungement under § 4373(b) of Title 11. This Act does not make any offenses that are currently ineligible for mandatory expungement under § 4373(b) of Title 11 eligible for mandatory expungement. This Act takes effect on January 1, 2022. Section 10 of this Act aligns this Act with the changes to § 4373 of Title 11 if Senate Substitute No. 1 for Senate Bill No. 38 is also enacted into law in 2021. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Nov 8, 2021

SB 111: AN ACT TO AMEND TITLE 10 AND TITLE 11 OF THE DELAWARE CODE RELATING TO AUTOMATIC EXPUNGEMENT.

This Act creates an automatic expungement process for adult and juvenile charges that are eligible for mandatory expungement because under the petition-based system, only a small fraction of people eligible for expungement ever obtain this important relief. Under this Act, the State Bureau of Identification must identify and expunge cases eligible for automatic mandatory expungement on a monthly basis. This Act is effective immediately and will be implemented on August 1, 2024. Implementing the automatic expungement process requires coordination between different courts and state agencies. This Act is known as “The Clean Slate Act”. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Nov 8, 2021

HB 243: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE RELEASE AND PUBLICATION OF THE NAME AND PHOTOGRAPH OF A JUVENILE.

This bill prohibits law-enforcement agencies from releasing or publishing or causing to be released or published the name of any juvenile or any image depicting a juvenile, including displaying such image on any publicly maintained social media page or website, unless the juvenile is charged with a violent felony, and release or publication of the photograph is necessary to protect the public’s safety.

signed · Delaware · Senate Nov 8, 2021

SB 38: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO EXPUNGEMENT OF RECORDS OF ADULT ARREST AND CONVICTION.

In 2019, the 150th General Assembly enacted Senate Substitute No. 1 for Senate Bill No. 37, which reformed the adult expungement process in this State. After a year of implementing this new expungement process, Senate Bill No. 38 was introduced to make changes to clarify language or increase the efficiency of the process. Like Senate Bill No. 38, this Substitute does the following: (1) Clarifies that the adult expungement law under Subchapter VII of Chapter 43 of Title 11 of the Delaware Code does not apply to a juvenile adjudication of delinquency. (2) Clarifies that “pending criminal charges” does not include an alleged violation of Section 904 (e) or (f) of Title 4, Section 4764(c) of Title 16, or a Title 21 offense. (3) Clarifies that certain crimes that are not eligible for a mandatory or discretionary expungement under § 4372(f) of Title 11 are eligible for a discretionary expungement after an unconditional pardon is granted by the Governor. (4) Clarifies that the requirement that a person may not receive an expungement for 10 years after a prior expungement is to be applied prospectively to expungements granted after December 27, 2019. (5) Clarifies that the requirement that all fines, fees, and restitution be paid before an expungement is granted applies to the conviction for which the person is seeking the expungement, not all fines, fees, or restitution the person might owe. (6) Clarifies that a case terminated in favor of an accused is to be expunged even if a person has other prior or subsequent convictions that are not eligible for expungement. (7) Includes certain criminal contempt of court orders, criminal contempt of a protection from abuse order, and breach of release as misdemeanor crimes of domestic violence that are not subject to mandatory expungement. (8) Clarifies that a discretionary expungement that is sought after an unconditional pardon by the Governor is to follow the procedures for a discretionary expungement in § 4374(c) through (h) and (j) of Title 11 and is not to be restricted by any of the eligibility requirements or exclusions contained in § 4374 of Title 11. This Substitute differs from Senate Bill No. 38 as follows: (1) This Substitute removes the process for expunging certain cases that do not have a disposition. (2) While this Substitute also permits a person to include in a petition for discretionary expungement a crime that is eligible for mandatory expungement and to authorize Family Court and Superior Court to grant a mandatory expungement, this Substitute modifies that language.

signed · Delaware · Senate Nov 2, 2021

SB 199: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE REAPPORTIONMENT OF THE STATE LEGISLATIVE DISTRICTS.

This Act amends the maps of the district boundaries for the House of Representative and Senate Districts in the Delaware General Assembly in response to the 2020 U.S. Decennial Census. This Act also includes provisions to effectuate changes in Delaware law necessitated by the 2020 U.S. Decennial Census. Districts are designated by census blocks. A map of Delaware by census block is located on the U.S. Census website: https://www2.census.gov/geo/maps/DC2020/PL20/st10_de/censusblock_maps/. The final House of Representatives Maps (October 28, 2021) and data are located on the General Assembly website: https://legis.delaware.gov/redistricting/2022finalhousedistricts. The final Senate Maps (October 25, 2021) and the Census Block Breakdown by Senate District with the related census tracts and census blocks descriptions and data are located on the General Assembly website: https://legis.delaware.gov/Redistricting/2022FinalSenateDistricts.

Bill results