Rep. Frank Cooke

This Act renames the Delaware State Police Training Academy as the "Colonel James L. Ford, Jr. State Police Training Academy" in honor of Colonel Ford’s lifelong dedication to public service. It acknowledges his distinguished career with the Delaware State Police, where he held various leadership roles, ultimately serving as Superintendent. The Act also recognizes his significant contributions to law enforcement training, education, and public safety, as well as his service as Cabinet Secretary of Public Safety and Homeland Security.

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.

This Act establishes the Office of Suicide Prevention to address suicide prevention and to do the following: (1) Serve in coordination with the Department of Services for Children, Youth and their Families as a place to reach all suicide prevention resources in the State. (2) Assist the suicide prevention coalition in its mission. (3) Provide suicide prevention, intervention, and postvention vision and guidance to stakeholders throughout the State. (4) Work with community level prevention organizations to promote best practices in suicide prevention, intervention, and postvention. (5) Oversee suicide prevention, intervention, and postvention funding application processes and seek grant funds to further suicide prevention, intervention, and postvention. (6) Prepare an annual report for the General Assembly and Governor that outlines the work of the Office and progress made towards suicide prevention, intervention, and postvention, beginning on October 15, 2026. (7) Create the State’s Suicide Prevention Plan, with approval of the suicide prevention coalition, and update it no fewer than every three years. The Act provides that the Division of Substance Abuse and Mental Health will choose a Director to carry out the Office’s duties.

This Act provides financial support to owners who adopt a horse that retired from serving with the Department of Correction, State or Capitol police, the Department of Natural Resources and Environmental Control, or the Office of the State Fire Marshal. The owners of these retired-law enforcement horses may be reimbursed up to $3,000 annually for veterinary care expenses and farrier services paid by the owner for the care of the retired law-enforcement horse. The Department that the retired law-enforcement horse assisted shall issue veterinary care and farrier services reimbursements and promulgate regulations to create a reimbursement process for retired law-enforcement horses. This Act also makes structural changes to incorporate the support for retired law-enforcement animals into a single subchapter. This Act changes subchapter VII of Title 16 from the Retired Law-Enforcement Canine Act into the Retired Law-Enforcement Animals Act. This Act moves all the definitions into their own section, and adds and modifies definitions, as needed, to account for the addition of horses. This Act is effective immediately and shall be implemented 6 months after enactment. This Act does not apply to law-enforcement horses that retire before the implementation 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 creates the crime of “discharging a firearm at a dwelling, place of worship, vehicle, or place of business.” The offense is a class E felony. The offense contains a provision that provides that a person may not be convicted of both a violation of this section and reckless endangering 1st or 2nd with regard to the same conduct. It also exempts a shooting range from the businesses covered by the statute.

This Act is a substitute for and differs from Senate Bill No. 202 by requiring only New Castle County to prepare and submit reports on a quarterly basis. The substitute bill also replaces language of the original bill that referenced property parcels “sold” and their “purchased value” with more precise terms consistent with language used on the realty transfer tax return such as “consideration.”

This Act establishes a new state-level Department of Veterans Affairs led by a cabinet-level Secretary to advocate for and administer programs relating to veterans in the State of Delaware. It is the intent of this legislation that current staff of the Delaware Commission of Veterans Affairs and the Office of Veterans Affairs will continue their work, but as part of the new Department of Veterans Affairs, with the potential for expanded staff and duties in accordance with annual appropriations. The Department will hire veterans wherever possible. The Commission of Veterans Affairs will continue in its current form. It will continue to oversee the Delaware Veterans Home and will serve in an advisory role to the new Secretary and Department on other matters relating to veterans. The new Department is tasked with developing and proposing strategies for the provision of alternative elder care or the establishment of one or more additional veterans homes to serve the aging veteran population. House Substitute No. 1 to House Bill No. 1 differs from the original in that the Department of Veterans Affairs will for the present remain a part of the Department of State for budgetary, administrative, and operational purposes. The Secretary of Veterans Affairs, in consultation with other executive branch officials, is directed to develop a transition plan to separate from the Department of State and operate as a separate Department by July 1, 2030, or such time as there will be no negative impacts to the funding for veterans programs in Delaware. The plan must be presented to the General Assembly as a Transition Report and approved through a concurrent resolution.

This Senate Concurrent Resolution calls for an immediate review of the recent statewide property reassessment by the members of the General Assembly, in collaboration with state, local, and school district officials, to develop legislative and operational measures that ensure future reassessments are conducted fairly, transparently, and equitably.

This Act requires the tax collecting authority of each county, in the first tax year following a general reassessment, to allow the payment of school taxes under a payment plan of at least 3 equal installments for a residential taxpayer, in a primary residence, whose tax bill increases by $300 or more over the prior year. No late fees, interest, or penalties may be assessed to a taxpayer who enters and complies with a payment plan. The Act also reduces late payment penalties for school taxes in New Castle County to 1% per month, the current penalty for late payment in Kent and Sussex. This Act sunsets 3 years after its enactment into law.

This Act codifies Delaware’s longstanding common law recognition of the authority of Delaware counties and municipalities to separately tax different classes of real property if the classification is reasonable and, under § 1 of Article VIII of the Delaware Constitution, the tax rates are uniform for all real property in each classification. See Green v. Sussex County, 668 A.2d 770, 776 (Del. Super. Ct. 1995), aff’d 667 A.2d 1319 TABLE (Del. 1995); Aetna Cas. & Sur. Co. v. Smith, 131 A.2d 168, 177-78 (Del. 1957); Phila. B & W R. Co. v. Mayor & Council of Wilm., 57 A.2d 759, 765-66 (Del. Ch. 1948); Conrad v. State, 16 A.2d 121, 125-26 (Del. 1940). As this Act is a codification of longstanding authority of taxing authorities to separately tax different classes of real property, Section 5 of this Act makes clear that this Act applies to county tax rates retroactively and prospectively.