This Act allows the Division of Motor Vehicles to issue special Bicycle Friendly Delaware license plates.
The Department of Transportation is already authorized to issue multi-trip permits for pole and piling semitrailers and double-bottom vehicles, also known as “twin trailers,” on a monthly basis. This Act authorizes the Department to also issue the permits on an annual basis. The existing law provides that a monthly permit must be issued for a specified period; an annual permit, in contrast, is not limited to a specified period.
This bill will add a new check-off donation box on the Delaware personal income tax return whereby individuals may choose to donate a portion of their tax refund, or designate an amount in addition to the tax they owe that will be transferred by the Division of Revenue to the Pediatric Cancer Research Fund held by the Delaware Community Foundation, who in turn will deposit the funds to the Andrew McDonough B+ Foundation.
This Senate Concurrent Resolution recognizes the week of June 3-9, 2019 as "Hidradenitis Suppurativa Awareness Week" in the State of Delaware.
This bill ensures an ongoing and necessary funding source to DELJIS for the purpose of providing local law enforcement with connectivity, maintenance, and technical support for the CJIS system.
This bill creates certificates of rehabilitation, an essential resource states can offer to support reentry, and promote public safety, by lifting statutory bars to jobs, licenses or other necessities such as housing that result from a conviction history. Certificates may be used to provide a way for qualified people with criminal records to demonstrate rehabilitation or a commitment to rehabilitation. At least six states currently have laws authorizing certificates of rehabilitation or other similar means of removing legal barriers arising from a criminal record separate and apart from seeking a governor pardon. This bill creates certificates of rehabilitation to restore the rights of people with criminal records who have paid their debt to society.
This Senate Joint Resolution requires the Public Service Commission to conduct a comprehensive review of the Qualified Fuel Cell Provider tariff and Qualified Fuel Cell Provider facilities to identify and evaluate any options that may be available to reduce the burden of this tariff on Delmarva Power ratepayers. This Senate Joint Resolution also requires that a report containing the results of this review be completed and made public within 1 year.
Confessions are powerful evidence of guilt. 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. The scope of recording required under the Uniform Act, and the exceptions to the recording requirement, are consistent with the requirements set by the Attorney General in the Attorney General’s Custodial Interrogation Model Policy, available at: https://attorneygeneral.delaware.gov/law-enforcement/custodial-interrogation-policy-2018/. Specifically, this Act mandates audio recording or audio and video recording of the custodial interrogation process by law enforcement when the interrogation relates to a crime, as crime is defined under the Delaware Criminal Code. Recognizing that a blanket requirement of recording electronically all interrogation is not feasible, this Act provides 6 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 reasonably believes that the offense involved is not one the Act mandates must be recorded, (5) 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 person interrogated, or another individual, and (6) 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 a preponderance of the 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. Finally, this Act requires the Attorney General to adopt rules to implement this Act, which are to be enforced by each law enforcement agency.
In 2017, 44,889 failure to pay capias issued for people who did not pay a fine, fee, cost, assessment, or restitution imposed for a non-felony offense. In the first 6 months of 2018, there were a total of 5,807 admissions to detention at all Level V facilities. Of these admissions, 129 were for failure to pay only and 595 were for failure to pay and another charge. When a capias is issued for nonpayment of a fine, courts currently may and do impose fees to cancel the warrant. When defendants are late paying their fines, the courts’ clerks also must forward the defendant’s name to the Department of Transportation’s Division of Motor Vehicles for license suspension. This Act prohibits a court or the Department of Transportation from suspending a driver’s license for nonpayment of a fine, fee, cost, assessment, or restitution and from charging a penalty, assessment, or fee to a defendant for the cancellation of a warrant issued due to the defendant’s nonpayment of a fine, fee, cost, assessment, or restitution. This Act also prohibits a court from imposing an additional fee on a defendant for payments that are made at designated periodic intervals or late, or when probation is ordered to supervise a defendant’s payment. Nothing in this Act precludes the court from filing contempt charges against defendants who willfully fail to pay their fines imposed after their ability to pay hearing. Further, this Act permits a court, before imposing a fine, fee, cost, or assessment, to consider a defendant’s ability to pay the fine, fee, costs, or assessment, whether an adult or a juvenile, is able to pay the fine, fee, cost, or assessment. This Act also provides the courts with discretion to waive, modify, suspend, costs, assessments, fines, and fees even if otherwise deemed mandatory by the Code. Additionally, this Act requires state, county, and municipal law enforcement agencies and volunteer ambulance companies to calculate and report the total sum they receive from fines, fees, costs, assessments and restitution and make a public report of these totals. This Act also creates the Criminal Legal System Imposed Debt Study Group to review the impact court imposed financial obligations have on defendants and survivors of crime and make recommendations to promote access, fairness, and transparency in the imposition and collection of court imposed financial obligations. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act creates a permit which allows an individual to park a vehicle, that would otherwise be prohibited because of weight, on a residential street in New Castle County if the vehicle complies with all other size requirements; is the individual's sole or primary mode of transportation; and the vehicle is either provided by the individual's employer or essential to the individual's business. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act codifies the Delaware Developmental Disabilities Council (“DDC”), which was created through Executive Order No. 123 in 1982 and placed in the Department of Safety and Homeland Security in the FY 2007 Budget Act. The DDC is established to undertake advocacy, capacity building, and systemic change activities that contribute to a coordinated, consumer- and family-centered, consumer- and family-directed, comprehensive system of community services, and individualized supports for Delawareans with developmental disabilities. The DDC is required by the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000 and this Act incorporates the requirements of this federal law in establishing the requirements for DDC membership, the responsibilities of the DDC, and protections to avoid conflicts of interest in the awarding of funds.
Sections 1 and 2 of this Act make clear that an individual who is the subject of a false report is a victim and is entitled to restitution and the benefits of the Victims’ Bill of Rights. Section 3 of this Act corrects an internal reference to § 1245 of Title 11 based on changes made in Section 1 of this Act. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
