This Act codifies Executive Order No. 9 issued on May 1, 2025, by Governor Matthew Meyer regarding the establishment, within the Department of Safety and Homeland Security, of the Office of Gun Violence Prevention and Community Safety.
This Senate Joint Resolution recognizes that missed court appearances create costs for the justice system and negative consequences for individuals, and that reminder notifications can reduce failure-to-appear rates. It directs the Delaware Judiciary to report on the cost, timeline, and requirements to build a court date reminder program for the Justice of the Peace Court and to expand it to the Court of Common Pleas, Family Court, and Superior Court and provides that DELJIS shall build the program if funding is appropriated.
This Act amends the Delaware Wrongful Conviction Compensation and Services Act (DWCCSA) in several ways. First, in order to make a prima facie showing of entitlement to compensation, under the Act, a petitioner must show that the petitioner did not commit a felony arising from the same transaction as the crime for which the petitioner was originally convicted. Second, the Act modifies what attorneys' fees may be recovered for an action to overturn, reverse, or vacate a conviction and an action under the DWCCSA. Under the Act, a petitioner who prevails on a cause of action against the state for wrongful conviction shall be awarded reasonable attorneys' fees, based on hours reasonably expended at the prevailing market rate for similar legal services in the state at the time of an award for damages for wrongful conviction, regardless of when the legal services were actually provided. Attorneys' fees of $300,000 or less will be paid to the petitioner's attorneys in a lump sum; attorneys' fees in excess of $300,000 will be paid in annual installments of not more than $300,000, until the award is satisfied. Third, under the Act, the Office of Management and Budget takes over tasks and responsibilities that currently belong to the State Treasurer, including the annual adjustment in the amount of damages available under § 7005(a) of Title 10, management of the Wrongful Conviction Compensation Fund will exist with the legal services appropriation within the Office of Management and Budget, and the obligation to report quarterly to the Joint Finance Committee and the Controller General. The Act takes effect upon its enactment into law. This Act is a substitute for and differs from SB 282 in that it omits a provision limiting the attorneys' fees a petitioner may recover to 15% of the damages awarded under § 7005(a) of Title 10.
House Bill 151 prohibits the operation of private detention facilities in the State of Delaware. This means that all detention facilities in the state must be publicly owned and operated, directly affecting any private entities currently operating or planning to operate such facilities.
This Act strengthens essential protections for victims of human trafficking by removing practical barriers that prevent victims from getting convictions or juvenile delinquency adjudications obtained as a result of being a victim of human trafficking vacated and the related criminal or juvenile records expunged. This Act amends § 787 of Title 11 in the following ways: (1) Requires a showing that the offense to be vacated was committed “as a result”, instead of “as a direct result”, of the victims having been trafficked, which recognizes that victims of human trafficking may engage in a range of criminal behaviors related to their exploitation. (2) Provides that a motion to vacate and any hearing or proceeding related to the motion to vacate must remain confidential, unless the court determines good cause exists to open the proceeding, so a victim of human trafficking may seek relief without fear of revictimization. (3) Eliminates the requirement of a mandatory hearing on a motion to vacate unless the Attorney General files a timely objection to the motion. This will allow victims to obtain relief on uncontested motions without needing to relive their trauma through questioning at a formal hearing. (4) Clarifies that the standard of proof for determining eligibility for vacating an adjudication or conviction under § 787(j) is by a preponderance of evidence. (5) Allows a victim to vacate a conviction or adjudication of delinquency under § 787(j) and expunge the records of that conviction or adjudication. Additionally, this Act allows the court to order immediate expungement sua sponte or on request and allows expungements to be ordered by the court deciding the motion to vacate. (6) Establishes guidelines for the Attorney General to request an extension of time, if needed, to respond to a motion to vacate. This Act also aligns the standards for a defense to a charge of prostitution or loitering from “as a direct result” to “as a result” of human trafficking. This matches the change made to the vacatur provisions and keeps the standards in § 787 consistent. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act is a substitute for Senate Bill No. 67. It differs from the original bill by changing the period of time that a criminal history report obtained by the Background Check Center is valid for 1 year, instead of 3 years. The 1-year period of time is now applicable to both applicants of long-term care facilities as well as home-care agencies. This Act also removes the requirement that a current employee of a long-term care facility or home-care agency would need to get another criminal background check if they seek a promotion with their current employer. Because this Act codifies the time frame in which a criminal background check is required, this Act removes the administrative discretion previously provided to the Department of Health and Social Services to determine the frequency in which fingerprints must be obtained.
This Act codifies the Delaware State Police program that makes available a “blue envelope” for use by a person with a disability. The intent of this program is to increase safety for both officers and persons with a disability during a traffic stop. The envelope contains written information for officers regarding interacting with a person with a disability, as well as guidance for the person with a disability on safe interactions with law-enforcement during a traffic stop. The envelope is sized to be able to contain a driver’s license, motor vehicle registration card, and insurance identification card and other related documents.
Last session, the General Assembly enacted the Richard "Mouse" Smith Compassionate Release Act (Senate Substitute No. 1 for Senate Bill No. 10), which revised the process for sentence modifications. This Act makes a change to that Act. Specifically, Senate Substitute No. 1 for Senate Bill No. 10 required the Department of Correction ("Department") to adopt regulations to implement the revised sentence modification process. The Department does not believe regulations are necessary for the Department to successfully implement the revised sentence modification process. Therefore, this Act authorizes the Department to adopt regulations, rather than requires it.
This Act incorporates changes made by HS1 for HB204, which was passed by both chambers during the 151st General Assembly, but never enacted into law. It removes the exemption for private schools and youth camps that allows them to use a name-based, rather than a fingerprint-based, background check or choose not to do background checks at all for employees, contractors and volunteers. This Act also authorizes the Superintendent of State Police to promulgate regulations relating to re-use of a criminal background check. The State Bureau of Identification is also required to provide subsequent criminal history information to the agency receiving background check information. Authority is given to the Department of Education to pay the costs of background checks for its employees. The Act also creates a new § 309A in Title 31, in response to a request from the federal government that the statutory authorization/requirement for private school background checks be separated from the statutory authorization for state and local government authorities. The Act also makes some technical and clarifying changes to existing statutory language. The Act takes effect on July 1, 2026 and child-serving entities and private schools must comply with the requirements by September 1, 2026. This Substitute differs from the original HB47 in that the effective date is in 2026 rather than 2025.
This Act changes the period of time for which relief may be granted under a lethal violence protective order from 1 year to 5 years. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
