Under current Delaware law, a minor cannot be guilty of the crime of prostitution under § 1342 of Title 11. This Act removes references to minors engaging in prostitution and being prostituted in favor of using the term "exploited" or “exploitation”, which is defined to mean acts by a minor that would constitute prostitution under § 1342(a) of Title 11 if that minor were 18 years old or older. This change is twofold. (1) It creates a separate term to refer to the exploitation of a minor since minors cannot be guilty of prostitution and prostitution is not otherwise defined outside of the offense in § 1342(a) of Title 11, which excludes minors; and (2) Recognizes a growing trend nationally and internationally to remove language that misleadingly implies that children are able to consent to, and participate in, prostitution. The Interagency Working Group on Sexual Exploitation of Children, comprised of representatives from the United Nations, INTERPOL, and organizations working to end the sexual exploitation of children, published a manual containing terminology guidelines for the protection of children from sexual exploitation and sexual abuse. While there is no single recommended term, attempts should be made to avoid stigmatizing a child and suggesting that the child had culpability in any acts undertaken. Sections 8 through 11 of this Act update internal references elsewhere in the Code to account for the addition of subsection designations in §§ 1352 and 1353. Sections 12 through 13 of this Act add the definition of “illicit massage establishment” from House Bill 409 and update it to account for the change in terminology that this Act makes. This addition of and update to the definition of “illicit massage establishment” only occurs if House Bill No. 409 is enacted. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act adds virtual currency to the money laundering definition in the criminal code and gives the State legal authority to attempt to return virtual currency for victims. It also provides that if money cannot be returned to the victims of the crime, or are outside of the United States, it should be disposed of per order of the Superior Court.
This Act establishes that a fingerprint-based criminal background check and Child Protection Registry check completed for a volunteer for one public school is valid at any other public school in the State for the duration of the check’s validity period. This Act also includes public school volunteers in the State's continuous "Rap Back System" for ongoing monitoring and provides that the State must bear the costs associated with obtaining these checks for approved volunteers. This Act is effective immediately and is to be implemented on the earlier of 1 year from the date of enactment or publication of notice by the Department of Education that final regulations have been promulgated.
This Senate Joint Resolution directs the Department of Safety and Homeland Security to study the feasibility of the automatic storage of biological evidence.
This Act requires taprooms and taverns to keep at least 2 working opioid antagonists on the premises at all times. It also requires employees who sell alcohol to receive training in the use of opioid antagonists in an emergency as part of State-mandated training. This Act also confirms that an employee of a taproom or tavern who administers an opioid antagonist to a patron is exempt from civil liability if acting in good faith and not wilfully, wantonly, recklessly, or with gross negligence. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act requires that when all or part of the tenant’s rent is paid from a state fund for reentry services, a landlord must assist the tenant in completing a discharge plan to attempt to provide a warm handoff before terminating the tenant’s lease. This Act also closes a loophole in existing law that allows unlicensed or uncertified operators of residential housing to claim exemption from the Residential Landlord-Tenant Code, including the procedural requirements for an eviction. Existing laws prohibit someone from losing their housing without notice because • A landlord must comply with the notice and judicial procedure under the Residential Landlord-Tenant Code, Part III, Title 25. • Licensed health care providers must provide discharge planning before an individual is required to leave a residential treatment program under § 1127, § 5161, and § 3004J of Title 16. • Certified recovery homes must make a reasonable effort to connect a resident with appropriate services when terminating the resident’s admission agreement under § 2206A of Title 16. Section 1 of this Act closes a loophole in current law that allows some landlords to claim their tenants are excluded under § 5102(1) of Title 25 from the protections required before eviction under the Residential Landlord-Tenant Code without being required to provide discharge planning or connecting the resident with appropriate services. This Act revises 3 of the exclusions by using the modern terms and where possible, the applicable licensing law for this State, to prevent housing providers from claiming exclusion from the Residential Landlord-Tenant Code even if the provider is not licensed or certified to provide services. This Act does not apply to or revise the exclusions to the Residential Landlord-Tenant Code under paragraphs (4) through (6) of § 5102 of Title 25, including the existing exclusion for certified recovery houses. Section 2 of this Act creates new requirements under § 5512A of Title 25 if all or part of a tenant’s rent is paid using money from a State reentry fund. Before or with the first payment, the person responsible for payments from the fund must provide the landlord with an explanation of these requirements, contact information, and the model discharge plan. The Department of Health and Social Services (DHSS), in consultation with the Department of Justice (DOJ), must create a model discharge plan. Then, before terminating the tenant’s lease, the landlord must assist the individual in creating a discharge plan that includes shelter or housing and provide notice that the tenant’s lease is being terminated as follows: • To the person making rent payments from the fund. • If the landlord knows that the tenant is under the supervision of the Department of Correction, to the Department of Correction and the local law enforcement agency. If a landlord fails to comply with the discharge planning and notice requirements, the landlord is debarred from receiving payments from any State reentry fund for 1 year. If the landlord is receiving payments from a State reentry fund for any other tenants, those tenants are not responsible for the share of the rent that was paid by the fund and have the option to do any of the following: • Continue the tenancy without payments from the fund. If the tenant chooses to continue their tenancy, the amount of their rent becomes the tenant’s share of the rent, calculated by subtracting the amount paid by the fund from the total rent under the rental agreement. • Terminate the lease immediately. • Terminate the lease with 30 to 60 days notice. These requirements are enforceable by the Department of Justice and also by the Justice of the Peace Court, because the contents of an eviction complaint must include a brief statement of compliance with the requirements under § 5512A(c) and copies of all required notices. Section 3 of this Act is a technical clarification to clarify that “this Code” and “Landlord-Tenant Code” both refer to the Residential Landlord-Tenant Code under Part III of this title. Both “this Code” and “Landlord-Tenant Code” are used throughout Chapter 51 through Chapter 59 of Title 25 as abbreviations of the Residential Landlord-Tenant Code and under § 101 of Title 1, “this Code” could also refer to the entire Delaware Code. Section 4 of this Act makes the new requirements for reentry funds under § 5512A of Title 25 applicable to the rental of single rooms in owner-occupied buildings under § 5512 of Title 25. Section 4 also reorganizes the existing language in § 5512 because as 1 sentence, the current language is difficult to understand. This Act takes effect 6 months after enactment to provide time for DHSS and DOJ to develop the model discharge plan and for agencies, including the Department of Correction and local law enforcement agencies, to develop policies and procedures necessary to implement and respond to notification under these requirements. The new requirements under § 5512A of Title 25 apply to rental agreements entered into on or after the effective date of this Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act is known as “The Grace Peterson Act”.
This Act provides clarification that all individuals currently or prospectively serving as mentors to one or more students through a mentoring program under the Department of Education must submit to state and federal criminal background checks, and that they are subject to continued criminal record monitoring for 1 year.
This Act seeks to address the undue burden placed on individuals who are required to surrender their driver's license due to a medical condition. Under current law, individuals must physically surrender their license, often during already traumatic circumstances, and are then, in some cases, required to purchase a separate identification card to maintain a valid form of ID during the suspension period. This Act allows a medically disqualified individual to retain the individual's physical driver’s license for identification purposes by signing an affidavit acknowledging the individual is prohibited from operating a motor vehicle. This approach balances public safety with compassion, streamlines administrative processes, and eliminates unnecessary costs for affected individuals. This Act also makes technical corrections to existing law to conform to the standards of the Delaware Legislative Drafting Manual.
This Act does the following: (1) Makes clear that charter schools and private schools may employ a constable or employ or contract for a qualified retired law-enforcement officer to provide security. (2) Creates an exemption in the Safe School Zone law enacted in 2023, Chapter 175 of Volume 84 of the Laws of Delaware (House Bill No. 201, 152nd General Assembly), for an individual authorized by a private school to serve a “sentry”, an individual authorized by the school to carry a firearm or projectile weapon in a Safe School Zone if certain training and notice requirements are complied with. Not every school is able to afford to hire a constable or a police officer who is a school resource officer. Therefore, the General Assembly finds that it is necessary to permit private schools in this State to employ or contract for individuals to serve as a sentry for these schools. The following states have also provided a similar exemption to their equivalent of the Safe School Zone law for a sentry: Indiana, Iowa, Kansas, Massachusetts, Michigan, Minnesota, Missouri, Montana, New Jersey, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Utah, and Wyoming. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This adds knowingly “operating”, “conducting”, or “advertising” prostitution businesses as acts that constitute promoting prostitution in the second degree under under § 1352 of Title 11. This Act also defines “illicit massage establishment” and clarifies that a person may be guilty of promoting prostitution in the second degree under § 1352 of Title 11 for managing, supervising, and controlling an illicit massage establishment. Likewise, under this Act, a person may be guilty of promoting prostitution in the second degree for operating, conducting, or advertising an illicit massage establishment. This Act defines “illicit massage establishment” as an establishment that facilitates prostitution using the cover of either of the following: (1) A massage establishment, as defined in § 5302 of Title 24. (2) A place where the practice of massage and bodywork, as defined in § 5302 of Title 24, is offered. This Act’s definition is based on those used by national and state human trafficking prevention organizations. Law enforcement has noted a trend where an illicit massage establishment is shut down only to be reopened again by the same operators. By ensuring it is clear that promoting prostitution in the second degree is an available offense to charge, this Act intends to dissuade the operation and reopening of illicit massage establishments. This Act updates internal references elsewhere in the Code to account for the addition of subsections in § 1352 to remove the undesignated paragraph. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
