This non-punitive, public-health oriented bill seeks to codify certain sections of the federal law known as the Child Abuse Prevention and Treatment Act (CAPTA), as amended by the Comprehensive Addiction and Recovery Act (CARA), that requires states to have policies and procedures in place to address the needs of infants born with and identified as being affected by substance abuse, withdrawal symptoms, or Fetal Alcohol Spectrum Disorder, including a requirement that healthcare providers involved in the delivery or care of such infant notify the child protection services system. This bill formalizes a uniform, collaborative response protocol for the development of a Plan of Safe Care for infants with prenatal substance exposure and their affected family or caregivers.
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This House Concurrent Resolution recognizes June 15, 2018, as “Delaware Elder Abuse Awareness Day” and encourages all of Delaware’s citizens to learn about how to protect and nurture our elderly citizens.
This bill increases the 1-time fee from $35 to $50 for Delaware’s environmental license plates in order to increase revenue to improve the capacity of the Delaware Center for the Inland Bays and The Partnership for the Delaware Estuary to fulfill their responsibilities to the protection and restoration of Delaware’s estuaries.
United States Supreme Court case law and scientific research has changed how we think about juvenile delinquency. We know now that an adolescent’s brain is not fully developed until his/her mid-twenties which makes juveniles especially prone to making poor choices. In the landmark case of Miller v. Alabama, wherein the United States Supreme Court prohibited mandatory life sentences without parole for juveniles, the Court wrote: “Children are constitutionally different from adults for sentencing purposes.” This proposed legislation would repeal and remove all minimum-mandatory sentencing schemes for juveniles adjudicated delinquent in Family Court because children are different than adults. Family Court judges and commissioners would still be able to impose a commitment to a DSCYF secure placement, but would now have the ability to exercise their judicial discretion to fashion an appropriate sentence for an individual juvenile.
This bill permits judges to utilize their discretion in determining whether a juvenile charged with possession of a firearm during commission of a felony should be transferred back to Family Court or remain in Superior Court. Prior to 2017, possession of a firearm during the commission of a felony was only one of five criminal charges where judges had no discretion in determining whether a juvenile should be treated as a juvenile or an adult because the statute required a juvenile charged with these offenses to be prosecuted as an adult. House Bill 9, which was enacted last year, provided judges the discretion to determine how a juvenile should be treated for four other offenses. This is a continuation of that effort. The bill simply changes the language from ‘shall’ to ‘may’ to allow judges to weigh the possibility that a juvenile may be better served in Delaware’s Family Court system through the amenability process already enumerated in Title 10 § 1010 and § 1011. This bill also raises the age from 15 to 16.
This bill is intended to protect the privacy of law enforcement officers and their immediate family members by specifically exempting their personal identifying information from FOIA. The disclosure of private information of law enforcement and their immediate family members unnecessarily endangers such individuals.
This Bill requires motor vehicle insurance policies, under the personal injury protection provisions (PIP), to provide coverage for up to $500 per injured person extricated from a motor vehicle by an emergency medical services vehicle. Emergency medical services vehicle is a vehicle duly licensed in Delaware that deploys rescue tools used by emergency rescue personnel to extricate the injured person from a vehicle. The Act also requires the Insurance commissioner to develop a uniform billing form for reimbursement and that volunteer fire and ambulance companies submit financial reports regarding expenses incurred in the use of rescue tools to the State Fire Prevention Commission.
This Act prohibits the manufacture, sale, purchase, transfer, or delivery of large-capacity magazines, which are defined as ammunition feeding devices with the capacity to accept more than 10 rounds. In acknowledgment that thousands of law-abiding Delawareans currently possess large-capacity magazines lawfully, this Act makes such possession unlawful only if it occurs in a public place while in possession of a firearm capable of accepting it. Possession of a large-capacity magazine in areas that are not public places remains legal and this Act permits the possession and use of large-capacity magazines at shooting ranges. A violation of this Act is a class A misdemeanor for a first offense and a class G felony for any subsequent offense.
This concurrent resolution thanks the Career and Technical Student Organizations for their presentation of geraniums. This concurrent resolution also extends the General Assembly's best wished for continued success to these exemplary students.
This Act removes the sunset provision contained in Volume 80, Chapter 412 of the Laws of Delaware (formerly House Bill No. 405, as amended, of the 148th General Assembly) that is set to expire the law on September 8, 2018. The purpose of Volume 80, Chapter 412 of the Laws of Delaware is to prevent first-time juvenile offenders charged with certain minor misdemeanors from entering into the juvenile criminal justice system by providing law enforcement with a civil citation procedure as an alternative to arrest.