Sign Up
Home › Delaware › Bills
Bills

Delaware Bills

Track legislation and stay informed about the bills that matter to you.

State Legislature US Congress
All 5,473 Active 58 In committee 1,778 Passed 1,860 Signed 2,287 Failed 68

Bill results

signed · Delaware · House Jan 25, 2018

HB 204: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO RELEASE OF PERSONS ACCUSED OF CRIMES.

This Act makes a number of changes to Chapter 21, Title 11 of the Delaware Code, with the goal of modernizing the pretrial process, reducing reliance on monetary conditions, improving the efficiency and outcomes for the criminal justice system, and ensuring the safety of the community. An analysis of data for pretrial detention and bail shows that Delaware’s bail system is failing in two ways: we unnecessarily detain individuals who lack funds for their release, and on the other end of the spectrum, we release defendants who fail to appear or remain law abiding during their period of pretrial release. The Courts, the Department of Correction, the Office of Defense Services, the Attorney General’s Offices, members of law enforcement and the private defense bar, and the Delaware Center for Justice have worked collaboratively to propose the changes embodied in this bill, and will continue to work on further revisions. Specifically, this Act makes the following changes to the bail/pretrial process: - Use risk to determine conditions: Require courts to consider risk by using empirically-based tools to determine whether a defendant is likely to stay out of trouble and come to court, and use that information to make individualized “assignments” of conditions of release. - Defines purpose of release conditions: Limit conditions of release to things that will reasonably assure the defendant will show up in court, and protect victims, witnesses, and community members. - Create more opportunities for conditions to be added or removed: Make release conditions “living documents” that will automatically be reviewed if a defendant does not initially meet them, if a defendant does meet them and then violates those terms, or if the defendant or their custodian makes a motion to modify those conditions. - Empower pretrial officers: Gives Department of Corrections more tools to investigate and address violations of release conditions so the courts can address violations promptly and impose sanctions if necessary. This bill further requires the court to conduct a review of conditions of pretrial release for a defendant who remains detained after 72 hours from the defendant’s initial presentment because of inability to meet any condition of release (including a financial condition). Such a review must happen within ten days of detention.
James Johnson (D) Charles Potter Jr. (D) Harris B. McDowell (D) Bryan Townsend (D) · 6 co-sponsors
in committee · Delaware · House Jan 24, 2018

HB 305: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CONTROLLED SUBSTANCES.

In 2011, as part of a general overhaul of Delaware’s drug laws, this provision was inserted into Title 16 to allow juvenile adjudications to count as prior qualifying offenses for purposes of increasing the sentence of certain drug offenders. Pursuant to this provision, some defendants convicted of certain drug crimes who have one prior adult drug conviction and one prior juvenile adjudication within the past 10 years face a drastic increase in sentence as follows: A defendant convicted of “drug dealing – aggravated possession”, a class D felony, will be sentenced as if he had committed a class B felony. The sentence for a class D felony is up to 8 years imprisonment. For a class B felony the sentence can be up to 25 years, and 2 years is the minimum mandatory. A defendant convicted of aggravated possession – class E will be sentenced as if she had committed a class B felony. The penalty is elevated from a maximum of 5 years incarceration to, again, a maximum of 25 with a 2 year minimum mandatory. A defendant convicted of aggravated possession – class F will be sentenced as though he committed a class C felony. Class C felonies are punishable by up to 15 years, rather than the maximum of 3 years for a class F. There is no other part of the criminal code that uses a juvenile adjudication as a statutory sentence enhancement in an adult conviction. While repeat drug offenses are a legitimate concern for communities and the criminal justice system, the elevation of the punishment for a crime based on a juvenile adjudication, which was not tried before a jury, and which may be relatively remote in time is of questionable legal merit. Furthermore, in two of the above scenarios, the crime is elevated to one which requires a minimum mandatory sentence, thus reducing the discretion entrusted to judges. This bill removes that portion of Section 4751B that allows a juvenile adjudication to be used as a second “prior qualifying Title 16 conviction.” Prosecutors may still apply the sentencing enhancement for the single qualifying adult conviction that meets the criteria set out in that section, and may use the enhancement for two prior convictions where both convictions occurred when the defendant was an adult. Judges will continue to be able to consider the defendant’s juvenile record as a factor in determining the appropriate sentence. Finally, where a juvenile was tried and sentenced as an adult, that conviction may still be used for the sentencing enhancement.
James Johnson (D) Dave Lawson (R) Sean Lynn (D) Debra Heffernan (D) Val Longhurst (D) · 5 co-sponsors
in committee · Delaware · House Jan 24, 2018

HB 278: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL BOARDS.

This Act changes the term of a school board member from 5 years to 4 years. While longer board member terms enable school board members to have more years as experienced board members, this must be weighed against the goal of providing the community with sufficient opportunities to run for school boards, and to replace school board members. In addition, shorter board member terms can increase the number of candidates who run for office, as a longer term can prevent some individuals from choosing to run for this office.
Dave Sokola (D) Paul Baumbach (D) · 4 co-sponsors
Showing 4,993 to 5,004 of 5,473 bills
Previous 1 … 416 417 418 … 457 Next