Delaware Bills

This Concurrent Resolution requests that medical professionals who engage in the provision of prenatal or postnatal care, delivery, or infant care services to provide parents and caregivers resources on infant and child CPR and basic first aid training.

This is a substitute for Senate Bill No. 11. Like Senate Bill No. 11, this Act is the first leg of a constitutional amendment to modernize the bail provisions within the Delaware Constitution and clarify the power of the General Assembly to enumerate certain felony offenses for which, or circumstances under which, pretrial release on bail may not be allowed. And, like Senate Bill No. 11, any statute designating a felony offense for which a person can be subjected to pretrial detention without bail must be enacted by an act of the General Assembly that receives the concurrence of a two-thirds majority of each House of the General Assembly. This Act differs from Senate Bill No. 11 by providing that if a law designates a felony offense as potentially not bailable under this Act, a law removing that designation must also be enacted by an act of the General Assembly that receives the concurrence of two-thirds of all the members elected to each House of the General Assembly. The current constitutional provision providing that only “capital offenses” are potentially not bailable first appeared in its present form in the Delaware Constitution of 1792. At that time, “capital offenses” included many more offenses than the term does today. For example, manslaughter, rape, robbery, burglary, and assaults with weapons were capital offenses, and therefore included as crimes for which a court could order pretrial detention. Thus, over time, certain crimes that the Framers included as potentially not bailable are currently bailable. Presently, a Delaware state court judge cannot order preventive detention in any non-capital case. Instead, the judge can only attempt to set the bail so high that a defendant cannot make it, which means that any defendant, no matter how dangerous and no matter the circumstance, can obtain release if the defendant can fund the bail—even if that defendant poses a certain flight risk or a known threat of harm to the public or to a specific person, such as a witness or victim. Like Senate Bill No. 11, this Act is one step toward completing a pretrial release-detention continuum requiring specific evidence-based detention decisions that seek to maximize public safety while minimizing pretrial detention for those for whom detention is not required. Specifically, this Act, like Senate Bill No. 11, will do all of the following: (1) Retain the express declaration of a general right to have bail set in a criminal case. (2) Provide that the crimes for which bail may be withheld are capital murder, where the evidentiary proof is positive or presumption of the accusation great, and other specifically identified felony offenses determined by and under procedures prescribed by law where the evidentiary proof is positive or presumption of the accusation great. (3) Ensure that an additional condition precedent to bail being withheld in non-capital cases is a finding by clear and convincing evidence that no condition or combination of conditions of release will reasonably assure the person’s appearance at court proceedings, reasonably assure the protection of the community, victims, witnesses, or any other person, and reasonably maintain the integrity of the judicial process, such that the defendant will not obstruct or attempt to obstruct justice. This constitutional amendment, by itself, would not allow that a person charged with a non-capital crime could be held without bail. Rather, no person could be subject to a preventive detention hearing in a non-capital case until the General Assembly revises Chapter 21 of Title 11 of the Delaware Code to prescribe by law the specific felony offenses, circumstances, and procedures under which detention without bail may occur. With this change, though, Delaware can progress toward the type of modern bail system that has been increasingly adopted by our sister states through amendment of their state constitutions, when needed, and the development of statutory procedures that provide, in appropriate cases, pre-trial detention without bail. And this change does so by adopting the standards recommended by authoritative sources including the National Conference of State Legislatures, the Uniform Law Commission, the National Center for State Courts, the American Bar Association, and the numerous state legislatures and court systems that have studied pretrial detention and retained or incorporated them in their own state constitutions and laws. Any legislation subsequently enacted or court procedures adopted to implement this constitutional amendment would have to require individualized, fact-governed decision-making by any court considering preventive detention to pass muster under the United States and Delaware Constitutions. Senate Bill No. 12, as introduced, is intended to do this. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly.

This bill designates March 8, 2024, as International Women's Day in the state of Delaware. It directly affects all Delaware residents by encouraging them to celebrate and acknowledge the contributions of women throughout the state and nation. The resolution highlights the historical achievements of women, including current state legislators, and calls for a day of commemoration rather than implementing new laws or policies.

This bill designates April 2024 as "Financial Literacy Month" in Delaware to raise awareness about personal finance education. It highlights the importance of teaching financial skills in schools to help students make better decisions about money, college, and careers. The resolution calls for collaboration among educators, businesses, and community groups to promote financial knowledge across the state. While it does not create new laws or funding, it serves as a symbolic recognition of the need for improved financial education.

This bill designates November 2024 as Gluten-Free Diet Awareness Month in Delaware to honor the importance of safe food environments for individuals with celiac disease and other gluten-related conditions. It highlights the health risks associated with untreated celiac disease, such as malnutrition and bone weakness, and acknowledges the legal protections required for schools to accommodate these dietary needs. The resolution serves as a formal recognition of the community's efforts to support those who must avoid gluten due to medical necessity or sensitivity.

This legislative resolution recognizes November 10, 2024, as the date to honor the 249th birthday of the United States Marine Corps. It calls on residents of Delaware to reflect on and celebrate the service and sacrifices of current and former Marines. The measure does not alter any laws or policies but serves as a formal acknowledgment of the branch's history and contributions.

This bill designates June 2024 as Black Music Appreciation Month within the state of Delaware. It serves as a formal recognition of African American musical contributions, including genres such as gospel, blues, jazz, and hip hop. The resolution does not change laws or allocate funding but simply acknowledges the historical and cultural significance of Black music in American history.

This House Concurrent Resolution designates the second week of October 2024 as Obesity Care Week in Delaware. It directly affects the state's residents, healthcare providers, and policymakers by formally acknowledging obesity as a serious public health crisis. The measure highlights the need for comprehensive, unbiased care and aims to reduce stigma surrounding the condition. It does not create new laws or funding but serves as a symbolic recognition to encourage focus on obesity treatment.

This House Concurrent Resolution directs the Department of Education and the Department of Health and Social Services to jointly produce a report outlining the creation of a student injury monitoring system. The system is intended to facilitate the sharing of injury information from medical professionals to school nurses, counselors, athletic trainers, and any other necessary medical professionals working in schools, focusing on injuries that require surgery, pain management, physical therapy, and concussions, while ensuring compliance with health information privacy laws. The report is to be submitted by August 31, 2025.

This substitute bill provides more clarity on the process by which a tenant may file an action in the Justice of the Peace Court to withhold rent payments in escrow. Specifically, the bill provides what the tenant must file in order to bring such action and how such actions proceed in court. This substitute bill also provides the remedy of termination of lease when the conditions of the rental unit threatens the life, health, or safety of the tenant or a member of the tenant’s household. This substitute bill also clarifies the appeal process for actions to withhold rent payments in escrow. This substitute bill also provides a tenant the right to raise as an affirmative defense to an action for summary possession filed by the landlord that a condition exists that threatens the life, health, or safety of the tenant or a member of the tenant’s household if the tenant satisfies specific requirements. If the Court determines that the tenant has satisfied those requirements, the Court may order that in lieu of summary possession, the tenant pay all base monthly rent owed to the landlord to an escrow account established by the Court. The Court may order the landlord to remedy the conditions alleged by a specific date. If both the landlord and tenant comply with the Court’s order, the amount held in escrow will be paid to the landlord within 30 days, and no judgment for possession shall be entered. Finally, this substitute bill provides that the Act will take effect 180 days after its enactment into law in order to provide the Justice of the Peace Court sufficient time to enact rules to implement the Act.

This Substitute bill clarifies that the definition of “day” does not include Saturday, Sunday, any federal holiday, or any State legal holiday when the specified number of days is 12 or less. When the specified number of days is more than 12 days, “day” means a calendar day. If the first or last day falls on a Saturday, Sunday, federal holiday, or State holiday under § 501 of Title 1, the date shall be extended to the next business day. This Substitute bill also clarifies that the definition of “guest” or “visitor” does not include a business invitee. This Substitute bill also removes the additional wetland provision in H.B. 372 and restores the original language in this section of the title.

This Resolution recognizes June 2024 as “Post-Traumatic Stress Injury Month” and June 27, 2024, as “Post-Traumatic Stress Injury Day”, and encourages citizens of the state to continue their work educating victims of assault or abuse, combat, serious accidents, and natural disasters about the causes, symptoms, and treatment of PTSI.