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in committee · Delaware · Senate May 10, 2018

SB 209: AN ACT TO AMEND TITLE 11, PART 1, OF THE DELAWARE CODE RELATING TO THE DELAWARE CRIMINAL CODE.

Delaware’s existing Criminal Code was adopted in 1973 and was based on the Model Penal Code. Since that time, the Criminal Code has quadrupled in size and expanded to other parts of the Code without consideration to the general effects of the change on the Criminal Code’s overall structure, its terminology, or its application, creating numerous inconsistencies, redundancies, ambiguities and contradictions. In 2014, the General Assembly established the Criminal Justice Improvement Committee to review opportunities for efficiencies in the Delaware Criminal Code, including identifying: “disproportionate, redundant, outdated, duplicative, or inefficient statutes” and “crimes that should or should not constitute potential jail time”. The Criminal Justice Improvement Committee Working Group was created to accomplished the Criminal Justice Improvement Committee’s stated goals and has worked diligently for the last three years, in concert with other criminal justice stakeholders, to restore the criminal code to a clear, readable, and proportional code. The recommendations found in their Final Report are the basis for this Act and its companion bill. This Act is one of two bills that seek to bring back clarity and consistency to the Criminal Code. This Act repeals and replaces Title 11, Part I, Chapters 1 through 15 of the Delaware Criminal Code and replaces it with an improved code that is easy to understand, consolidates offenses and introduces rational and proportional sentencing structures. This Act, and its companion bill, will take effect 20 months from the date it is signed, to allow for a smooth integration of the improved code into existing structures, give public and private criminal justice stakeholders an opportunity to familiarize themselves with the improved code, and provide an opportunity to develop for the first time model jury instructions and sentencing guidelines. A Commentary, which explains how the current criminal code relates to the improved code, will be publicly available during this transition period. The 20 months will also give time to introduce technical corrections bills that will make changes to the Code necessitated by the improved code (e.g., update cross references to Title 11, Part I, found in other Titles), as well as incorporate legislative decisions passed by the 148th and 149th General Assembly that were not captured by the improved code.
James Johnson (D) Nicole Poore (D) David B. McBride (D) Margaret Rose Henry (D) Harris B. McDowell (D) · 15 co-sponsors
in committee · Delaware · Senate May 10, 2018

SB 205: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO UNBORN CHILDREN.

The Act protects the life of the unborn child at a time when the potential for the child to survive outside the womb increases, especially with the advancement of medical procedures. Also, there is substantial medical evidence that an unborn child is capable of experiencing pain by 20 weeks after fertilization. The Delaware Legislature has the constitutional authority to make this judgment as shown in U.S. Supreme Court decisions as detailed in this Act. In enacting this legislation Delaware is not asking the Supreme Court to overturn or replace the holding in Roe v. Wade. Rather, it asserts a separate and independent compelling state interest in unborn human life that exists once the unborn child is capable of experiencing pain.
Tim Dukes (R) Bryant Richardson (R) · 13 co-sponsors
failed · Delaware · House May 10, 2018

HB 304: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE SONG.

This Act substitutes gender neutral phrases for the ones currently contained in the State Song of Delaware. The proposed changes come at the request of Donn Devine, a retired Brigadier General in the Delaware National Guard and co-author of the State Song of Delaware, who believes that this new phrasing will make the song more relevant to future generations of Delawareans.
Gerald L. Brady (D) Harris B. McDowell (D) · 6 co-sponsors
passed · Delaware · House May 10, 2018

HB 366: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SAFE STORAGE OF FIREARMS.

This Act revises the crime of "unlawfully permitting a child access to a firearm," an existing class A misdemeanor under Delaware law. The offense is renamed "unsafe storage of a firearm" to place emphasis on firearm safety and proper storage. Under the revised statute, a crime is committed when a person intentionally or recklessly stores or leaves a loaded firearm where a minor or other person prohibited by law, or “unauthorized person,” can access the firearm, and the unauthorized person obtains the firearm. The unauthorized person’s use of the firearm to inflict serious physical injury or death is not an element of the offense, but is an aggravating factor. For the purposes of this offense, “stores and leaves” does not include when firearm is carried by or under the control of the owner or another lawfully-authorized user. Under this Act, the offense is a class B misdemeanor if there are no aggravating circumstances. If, however, the unauthorized person uses the firearm to commit a crime, uses the firearm to inflict serious physical injury or death upon anyone, or transfers the firearm to another unauthorized person, the offense is a class A misdemeanor. It is an affirmative defense that the person stored the firearm in a locked container, disabled it with a tamper-resistant trigger lock, or stored it in a location a reasonable person would have thought was safe from access by unauthorized persons. This Act provides an exception for firearms manufactured in or before 1899, or a replica to such firearms, if the replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition. This Act also makes technical changes to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Sean Lynn (D) David Bentz (D) Bryan Townsend (D) John L. Mitchell (D) · 3 co-sponsors
in committee · Delaware · Senate May 10, 2018

SB 210: AN ACT TO AMEND TITLES 2, 3, 4, 6, 7, 9, 11, 12, 13, 14, 15, 16, 18, 20, 21, 23, 24, 26, 29, 30 AND 31 OF THE DELAWARE CODE RELATING TO CRIMES AND CRIMINAL PENALTIES.

Delaware’s existing Criminal Code was adopted in 1973 and was based on the Model Penal Code. Since that time, the Criminal Code has quadrupled in size and expanded to other parts of the Code without consideration to the general effects of the change on the Criminal Code’s overall structure, its terminology, or its application, creating numerous inconsistencies, redundancies, ambiguities and contradictions. This Act is one of two bills that seek to bring back clarity and consistency to the Criminal Code.
James Johnson (D) Nicole Poore (D) David B. McBride (D) Debra Heffernan (D) Margaret Rose Henry (D) · 14 co-sponsors
in committee · Delaware · House May 10, 2018

HB 378: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PERSONAL IDENTIFYING INFORMATION.

This bill is intended to protect the privacy of law enforcement officers and their immediate family members by specifically exempting their personal identifying information from FOIA. The disclosure of private information of law enforcement and their immediate family members unnecessarily endangers such individuals.
Dave Wilson (R) Dave Lawson (R) Val Longhurst (D) Stephen Smyk (R) · 7 co-sponsors
in committee · Delaware · House May 9, 2018

HB 398: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO POWERS AND DUTIES.

This bill is a companion bill to House Substitute No. 1 for House Bill No. 344 and provides the authority for the Department of Education to prescribe the rules and regulations necessary to implement the Prison Education Program which provides educational services to the Department of Correction.
Dave Wilson (R) Nicole Poore (D) Ruth Briggs King (R) Joseph E. Miro (R) · 1 co-sponsor
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