Criminal Justice

This Act expands the definition of a “course of conduct” in the stalking statute and also provides that if the court finds as a matter of law that acts subject to this statute are in fact constitutionally protected activities, then all evidence associated with those activities must be excluded. This Act raises stalking under § 1312(c) from a class F to a class D felony. And also raises stalking under § 1312 (b) from a class G to a class E felony. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

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.

This Act makes it a class G felony if a person breaches a no contact provision of the person's sentencing order, where the sentence was for 1 or more felonies. This Act also makes it a class A misdemeanor if a person breaches a no contact provision of the person's sentencing order, where the sentence was for 1 or more misdemeanors and no felonies.

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 adds intentional interference with the operation of a school bus to the offense of disorderly conduct. Intentional interference with a school bus may include boarding a school bus and refusing to exit after being lawfully ordered to do so by the school bus driver; wrongfully restricting the movement of a school bus; or threatening the school bus driver, a student, or any passenger entering, leaving, or waiting for a school bus. A student or passenger otherwise authorized to be on the school bus in the ordinary course of business may not be guilty of disorderly conduct for intentional interference with the operation of a school bus. This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of 2/3 of the members elected to each house of the General Assembly to expand the scope of an existing crime within the jurisdiction of an inferior court.

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.

This Act provides protections and rights to victims of sexual assault by doing all of the following: • Codifying the core sections of Delaware's Sexual Assault Kit (SAK) testing policy, adopted in May 2022. • Enacts the recommendations of the Victims' Bill of Rights Committee (VBR Committee), established under SCR 99, (152nd General Assembly) providing rights to victims regarding information about the location, status, and preservation of biological evidence. These protections and rights for victims of sexual assault are in addition to existing requirements for DNA analysis performed by the Division of Forensic Science (DFS) laboratory under Chapter 47 of Title 29 and the Victims’ Bill of Rights under Chapter 94 of Title 11. Section 1 revises the definitions in Chapter 47 of Title 29 by transferring definitions from § 4713 of Title 29, updating existing definitions, and creating new defined terms that reflect current practices. Section 2 updates existing requirements under § 4713 of Title 29 that apply when the DFS laboratory receives, analyzes, and classifies biological samples and obtains DNA results, by doing all of the following: • Adding the names of the state and federal DNA databases. • Referencing current law-enforcement procedures, including the names of Delaware’s criminal justice case management systems. • Requiring the Department of Justice, or a law-enforcement agency authorized by the Department of Justice, to inform DFS if the investigation has determined that no crime occurred in the case connected to a biological sample that has been submitted. This enables DFS to comply with NDIS policies and procedures related to when DNA results can be included in the National DNA Index System. • Adding the VBR Committee’s recommendations preventing the destruction of biological samples from unsolved sexual assault cases based on the victim’s age at the time of the alleged offense. For adults, these biological samples may not be destroyed until 20 years after the collection of the evidence and if the victim was under 18 years of age, until the victim is 40 years old. • Adding references to the new SAK-specific provisions under § 4713A of Title 29 and § 9403B of Title 11. Section 3 adds additional requirements that apply when the DFS laboratory conducts DNA analysis of SAKs, codifying Section 5 and Section 7 of the existing SAK testing policy. Section 4 adds definitions related to biological evidence to Chapter 94 of Title 11 for the Victims’ Bill of Rights. Section 5 adds the following to the Victims’ Bill of Rights: • Requirements that apply to investigating law-enforcement agencies, codifying provisions in Section 3 and Section 4 of the existing SAK testing policy. • The VBR Committee’s recommendations regarding victims’ rights to information about the location, status, and preservation of biological evidence, such as learning the status and results of DNA testing. Victims of unsolved sexual assault cases have the right to notice before biological evidence is destroyed, to request that this evidence be preserved, and to designate another person to receive information about the status of biological evidence on their behalf. Section 6 updates how victims receive notifications from law-enforcement agencies that are required under the Victims’ Bill of Rights, to allow for implementation of the victims’ rights to information about biological evidence. All of the following changes were recommended by the VBR Committee and are identical to the language in Senate Bill No. 17 (153rd): • Allowing law-enforcement agencies to send notifications electronically. • Providing that victims are responsible for providing a law-enforcement agency with changes to the victim’s contact information. • Allowing a victim to indicate and change their preferred method of contact by law-enforcement agencies, including a preference not to be contacted, and law-enforcement agencies must use the victim’s preferred method of contact when possible. Sections 7 through 9 revise the definitions of “DNA” and “DNA profile” in Part II of Title 11 for criminal procedure so they align with the definitions in Chapter 47 of Title 29. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.