Criminal Justice

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 Senate Concurrent Resolution designates April 2026 as "Second Chance Month" throughout the State of Delaware. The measure serves as a symbolic proclamation to raise awareness about second chances, likely in the context of criminal justice reform or rehabilitation. It does not create new laws or programs but instead encourages public recognition and awareness during the designated month. The resolution was passed by both the Senate and House without requiring a formal vote in the House.

This Act clarifies that the existing law, which makes it a Class D felony when a person intentionally causes physical injury to any state employee or officer, when that employee or officer is discharging or attempting to discharge a duty of employment or office, applies to elected officials. This Act provides that it is a Class D felony when the assault of the state employee or officer is related to the person’s official position, whether or not the person assaulted is on or off duty at the time. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act adds any act that contains the characteristics of a hate crime to the definitions of crimes for the purposes of the Victims Compensation Assistance Program.

This Act makes various changes related to Juvenile Probation and Parole Officers employed by the Department of Services for Children, Youth, and Their Families (DSCYF) in the Division of Youth Rehabilitative Services’ Serious Juvenile Offender (SJO) Unit. Juvenile Probation and Parole Officers in the SJO Unit are specialized staff who are responsible for monitoring the highest-risk youth. Unlike the majority of the Division’s Community Services staff monitoring youth on pretrial supervision or aftercare, the officers in the SJO Unit are sworn law enforcement officers authorized to carry a firearm and enforce warrants. This Act does not change the existing powers and duties of DSCYF Juvenile Probation and Parole Officers, but instead updates Delaware Code to align with their position classification. This Act adds Juvenile Probation and Parole Officers employed by DSCYF to the Police Officers’ and Firefighters’ Employment Relations Act (POFERA). This will allow the officers in the SJO Unit to seek union representation under the Fraternal Order of Police like the Department of Correction’s Probation and Parole Officers, the DSCYF Juvenile Probation and Parole Officers’ closest state agency counterparts. This Act also adds DSCYF employees to the existing statute that enables Department of Correction employees to receive a service pension after 25 years if they internally promote after 20 years of credited service. This Act also changes references throughout Delaware Code to be consistent with the position classification name and makes technical corrections to existing code to conform to the standards of the Delaware Legislative Drafting Manual.

House Substitute No. 1 for House Bill No. 301, like the original, updates the existing crime of “breach of peace or violence on election day.” Under this statute, it is unlawful to take the following actions on a day of election or early in-person voting or during the reading and counting of ballots with the intent to impede or interfere with the election: (1) The use of any violence or threats of violence at or near a polling place, a Department of Elections office, a meeting of the Board of Canvass, or any other place where votes are cast, stored, read, or counted; (2) A breach of peace at or near the same places; and (3) Hindering, controlling, coercing, or intimidating or attempting to hinder, control, coerce, or intimidate any qualified elector from exercising their right to vote. A violation of the statute is a class G felony. This substitute differs from the original HB 301 in that it makes the intent to impede or interfere with the election an element of the crime for any of the prohibited acts. It also adds “any other place where votes are cast, stored, read, or counted” to the locations where the acts are prohibited. It adds the third act of “hindering, controlling, coercing or intimidating a voter" from or in exercising their right to vote as a prohibited act.

This Act provides that a felon may receive letters testamentary, or of administration, when the Register of Wills permits it, in the Register’s discretion, upon good cause shown.

This Act disqualifies commercial airlines from receiving the aviation jet fuel tax exemption for economic development if they transport ICE detainees for deportation without meeting standards regarding presentation of judicial warrants and due process. This Act takes effect 30 days after its enactment into law.

This Act, advocated by Eric Carpenter-Grantham and his mother Linda Carpenter-Grantham, promotes equitable treatment for individuals with nonapparent disabilities in interactions with law enforcement. Also referred to as "Eric's ID Law", this Act establishes the use of a butterfly symbol on state driver's licenses and identification cards to provide individuals with nonapparent disabilities to communicate their needs and circumstances. This Act requires the Division of Motor Vehicles to make available a notation on a driver’s license or identification card that indicates a person has a disability, including an intellectual or developmental disability. It also requires that police officer training include instruction on the notation and best practices for safe interactions during a traffic stop with a person with a nonapparent disability. Upon passage of the Act, the Division of Motor Vehicles is directed to consult with disability advocacy groups regarding the design of the notation and to conduct public outreach to make the availability of the notation known. The Act is effective immediately and to be implemented within 6 months of its enactment.

This resolution recognizes recognizes the indispensable role of FNE programs in delivering trauma-informed healthcare, supporting survivors, and strengthening the criminal justice system.