This House Substitute for House Bill No. 453 prohibits surveillance-based price discrimination by forbidding the use of automated decision systems to set individualized consumer prices based on personal data, metadata, or proxy data, such as device identifiers and digital behavioral patterns, used to infer a consumer's socioeconomic status or urgency of purchase. While the Act establishes safe harbors for discounts based on lawful, objective criteria (e.g., military, student, or senior status), it ensures that rewards and loyalty programs are not used to circumvent these protections by requiring that such discounts remain uniform across membership and are not individualized through algorithmic profiling. This Substitute differs from the original bill by adding a definition of electronic shelving labels and provides language that protects loyalty programs. It also carves out financial services and credit to align with federal regulations, changes the language used for location-based data, discounts for service interruptions, removes the term “risk-relevant data”, and provides a safe harbor provision with an opportunity to cure and a sunset date. Finally, this Substitute also includes a severability clause and an effective date of January 1, 2027.
This Act requires retail food establishments in the State with at least 20 locations in Delaware, and encourages all retail food establishments in the State, to provide warning symbols next to hand-crafted or energy drinks that contain high caffeine. The caffeine symbol must be in the same font size as prices listed on the menu and there must be an explanation of the symbol. This information must also be provided on a third-party platform that displays menu information. This Act exempts alcoholic beverages. The Department of Health will notify the applicable retail food establishments of any violations and promulgate rules for investigation and enforcement of this chapter.
This Act requires the State to preserve all biological evidence in its custody that is secured in relation to an investigation or prosecution of a crime, for the period of time that the crime remains unsolved or the period of time that a person convicted of the crime remains in custody, regardless of whether the person pleaded guilty. “Biological evidence” in this context includes any item that "contains" some kind of biological material that was collected as part of a criminal investigation or may reasonably be used to incriminate or exculpate any person for an offense. The State may destroy evidence that is likely to contain biological evidence before the expiration of those time periods if all of the following are true: (1) more than 5 years have elapsed since the criminal conviction became final and all appeals are exhausted; (2) the evidence is not in relation to an investigation or prosecution of a Class A to Class E felony; (3) no other provision of federal or state law requires the State to preserve the evidence; (4) the State sends certified delivery of written notice of its intent to destroy the evidence to certain specified recipients, including any person who remains in custody as a result of the criminal conviction, delinquency adjudication, or commitment related to the evidence; and (5) no person who has received such notice, within 180 days of receiving the notice, files a motion for testing of evidence under § 4504 of Title 11 of the Delaware Code or submits a written request for retention of the evidence. In addition, the State is not required to preserve physical evidence that is of a size, bulk, or physical character that makes retention impracticable, but in that case, the State must remove and preserve portions of the evidence that is likely to contain biological evidence related to the offense. If the State is called upon to produce biological evidence that cannot be located and whose preservation was required under the Act, then the court must hold a hearing to determine whether the failure to produce evidence was the result of intentional and willful destruction. If so, the court then must order a postconviction hearing, at which the court will presume that the results of the postconviction DNA testing would have been exculpatory to the petitioner, and impose other appropriate sanctions and order appropriate remedies. If the court determines that the failure to produce evidence was the result of negligence or non-willful destruction, it may provide the appropriate recourse, including ordering a postconviction hearing; at the hearing, presume that the results of the postconviction DNA testing would have been exculpatory to the petitioner; and impose other appropriate sanctions and order appropriate remedies. In addition, the Act requires the Delaware Police Accreditation Commission and Division of Forensic Science to study, promulgate, and implement procedures that effectuate the legislative intent of the Act regarding the proper preservation of biological evidence. The Act takes effect 2 years after its enactment into law. This Act differs from Senate Bill No. 214 in that it revises the definition of biological evidence to include evidence that is likely to contain biological material; requires the State to preserve evidence in a manner consistent with best practices at the time of collection, that prevents contamination, degradation, or reduction of any biological material contained on the evidence; provides that the State may not destroy evidence that is likely to include any biological evidence before the expiration of a certain time period or unless certain conditions are satisfied; and provides examples of remedies that the court may order if the court determines that a failure to produce evidence was the result of intentional and willful destruction or of negligence or non-willful destruction; and takes effect 2 years after enactment, rather than 30 days.
This Substitute for House Bill No. 252, like House Bill No. 252, makes a technical correction and decriminalizes the use or consumption of a personal use quantity of a controlled substance or counterfeit controlled substance in an area accessible to the public, instead making it a civil violation with a fine of up to $50 for a first offense and up to $100 for subsequent offenses. This Substitute differs from House Bill No. 252 in that it does not decriminalize the use of or consumption of a personal use quantity by individuals in moving vehicles. This Substitute does not change the penalty (up to a $200 fine, up to 5 days imprisonment, or both) for a person operating a moving vehicle while using a personal use quantity, but changes the penalty for passengers to a $100 fine with no possibility of prison time.
This Act is a Substitute for SB 34 and differs from SB 34 in the following ways: • Moves the provision for lease termination to purchase a home from § 5314(b) of Title 25 to a new subsection (c) under §5314 of Title 25. • Does not make technical changes to § 5314(b) of Title 25. • Requires the tenant to give the landlord a signed agreement of sale at the same time the tenant gives the landlord notice of early lease termination to purchase a home. • Changes the notice a tenant is required to give for terminating a lease to purchase a home from 30 days to 60 days. • Clearly states that the lease terminates after the 60-day period. • Allows the landlord and tenant to agree to extend the 60-day period by signing a written agreement. • References that § 5514(c)(3) allows a landlord to deduct reasonable expenses, incurred in rerenting after early lease termination, from the tenant’s security deposit. This Act allows a tenant to terminate a rental agreement early if purchasing a home by providing 60 days' written notice to the landlord, along with a copy of the agreement of sale. The 60-day period begins on the first day of the month after the day the notice is given, but the landlord and tenant may agree to extend the lease termination date past the 60-day period by written agreement signed by the landlord and tenant. This Act also references that a landlord may deducting reasonable expenses incurred in rerenting the premises, up to 1 month’s rent, from the tenant’s security deposit as provided under § 5514(c)(3) of Title 25.
This Resolution urges the Delaware River and Bay Authority to scrutinize existing contracts and any future contracts with Avelo Airlines and other businesses that enter into contracts with US Immigration and Customs Enforcement to fly detainees without proper due process protections.
This bill denies the state’s contribution to an individual’s pension if they were employed by the Department of Education of various school systems if they are convicted of various crimes against children. The acts must be in connection with the individual’s employment. Survivors of the individual shall still be entitled to survivor benefits.
This Substitute to House Bill No. 98 differs from House Bill 98 as follows: -This substitute provides clarification on the taxation of infused beverages, which is set at $0.50 per container. -This substitute removes language pertaining to consumable hemp products. -This substitute specifies that the Act takes effect 90 days after enactment. This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee.
This Senate Concurrent Resolution requests that the State of Delaware, the City of Dover, and Kent County Levy Court coordinate with the City of Wilmington to relocate the Caesar Rodney Equestrian Statue to The Green in Dover, the John Dickinson Plantation, or another suitable location before the Semiquincentennial Celebration.
This Concurrent Resolution requests the Council of the Corporation Law Section of the Delaware State Bar Association prepare a report of recommendations for legislative action regarding awards of attorney’s fees in certain corporate litigation cases.
This bill creates a new Probation System Task Force to review the current state of probation in Delaware and provide findings and recommendations. The group will include legislators, state officials, service providers, and individuals with personal experience in the probation system. The Task Force is required to hold its first meeting by late September 2024 and submit a final report by July 1, 2025.
This Act is a substitute for Senate Bill No. 4, replacing Senate Substitute No. 1 for Senate Bill No. 4. and Senate Substitute No. 2 for Senate Bill No. 4. Like Senate Bill No. 4, Senate Substitute No. 1, and Senate Substitute No. 2 for Senate Bill No. 4, this Act modernizes Delaware’s probation system, including by directing the courts, the Board of Parole, and the Bureau of Community Corrections to use the least restrictive probation and parole conditions and the most minimally intrusive reporting requirements necessary to achieve the goals of community supervision. This Act differs from Senate Substitute No. 2 for Senate Bill No. 4 by doing all of the following: (1) Continuing the process of updating the Delaware Code to use people-first language to refer to an individual on probation or otherwise involved in the criminal justice system. (2) Removing the prohibition on imposing a sentence of incarceration for a technical violation and the special sentencing matrix for certain technical violations. As a result, the definitions for “non-technical violation” and “technical violation” are also removed. (3) Removing the requirement that periods of incarceration imposed when probation violations are found for multiple offenses be served concurrently. (4) Removing the requirement that for a court, Board of Parole, or probation and parole officer to impose a condition that an individual on probation not possess or use alcohol or controlled substances there must be a reasonable relationship to the criminogenic needs of the individual. (5) Removing the prohibition on a probation and parole officer from pursuing sanctions for nonwilful violations of probation, which include the following: a. An individual on probation’s failure to complete a program when the program refuses to provide services, the program is cost prohibitive, or access to the program is restricted beyond the control of the individual on probation. b. An individual on probation’s failure to follow supervision conditions when the individual on probation’s medical conditions or disability prevent compliance. c. An individual on probation’s failure to report based on factors beyond the individual on probation’s control. (6) Removing the prohibition on a court finding a probation violation occurred based on criminal conduct that the court acquitted the individual on probation of or dismissed the underlying criminal charge for. (7) Removing the repeal of a provision that permits the Department of Correction to deny earned compliance credits to an individual on probation for other categories of offenses that the Department establishes by rules and regulations. The Department is statutorily permitted to deny credits for individuals on probation for a sexual offense, a violent felony, and any offense in the Delaware Code if the probation is imposed to collect restitution at Accountability Level I. (8) Removing the requirement that there be a finding that the individual on probation poses a substantial risk of injury to others or of intentionally failing to appear for a revocation hearing before a court could issue an arrest warrant or the Department could deputize officers to make an arrest. (9) Making clear that outstanding balances owed on the home confinement fee imposed under § 4332(b) of Title 11, which is repealed by this Act, are discharged. (10) Clarifying that the requirement that a court, Board of Parole, or probation and parole officer presumptively impose the least number of conditions, and least restrictive conditions of supervision, possible to achieve the goals of supervision applies only to special conditions of probation. (11) Not including any changes to § 4334 of Title 11 (relating to arrests for violation of conditions of supervision and disposition of those violations) in this Act. (12) Providing for a delay in the effect of this Act. This Act takes effect 180 days after its enactment into law. This Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
