Rep. Frank Cooke

In 2022, the General Assembly passed HB 115, which prohibits the criminal prosecution of children under the age of 12, and limits delinquency proceedings for children under 12 to a small set of very serious crimes. This Act clarifies that children under 12 may not be arrested or placed in a detention facility pending adjudication, except where the alleged crime is one of the enumerated exceptions.

This Concurrent Resolution recognizes April 23-29, 2023, as "Crime Victims' Rights Week" in the State of Delaware. The following websites provide more information on Crime Victims' Rights Week and the resources available to victims and survivors of crime: Delaware Coalition Against Domestic Violence, at https://dcadv.org Delaware Victims' Rights Task Force, at https://delawarevictimservices.org.

This Concurrent Resolution observes April 2023, as the 2023 Month of the Military Child in the State of Delaware. This Resolution also recognizes the late Colonel Dr. Ronald G. Sarg (USAF, ret.) and his participation and commitment on the MIC3 (Military Interstate Children’s Compact Commission) State Council.

In 2022, the General Assembly passed HB115, which prohibits the criminal prosecution of children under the age of 12 and limits proceeding against a minor as an adult to a narrow set of serious crimes alleged to have been committed by children 16 or older. This Act clarifies that children under 12 may not be arrested or detained pending adjudication, except where the alleged crime is one of the enumerated exceptions, and aligns other language in Title 10 with the limitations on transfer of children from Family to Superior Court.

This Act removes all penalties for use or possession of a personal use quantity of marijuana and marijuana accessories. It further specifies that the adult sharing of a personal use quantity or less of marijuana is legal activity for those 21 years of age or older and that those 21 or older may possess, use, display, purchase, or transport accessories and personal use quantities of marijuana without penalty. When transporting in a vehicle, those items must be in a closed container or otherwise not readily accessible to anyone inside the vehicle. The statute also specifies certain activities which remain unlawful. Finally, the definition of "personal use quantity" of marijuana is updated to include not only 1 ounce or less of leaf marijuana, but also equivalent amounts of marijuana product in other forms.

On June 23, 2022, in New York State Rifle and Pistol Association v. Bruen, 142 S. Ct. 2111 (2022), the United States Supreme Court completely and dramatically changed the manner in which state-level gun laws are to be evaluated for constitutional sufficiency. Although not directly addressed in a definitive fashion the way other states' concealed carry laws were, Delaware's concealed carry law was mentioned by the Court in a manner signaling that certain flaws in our law must be immediately addressed. This Act is designed to address those issues raised by the Bruen decision in a manner meant to save Delaware's concealed carry law from a successful constitutional challenge. This Act addresses current constitutional deficiencies while maintaining public safety issues unique to Delaware. Section 20 of Article I of the Delaware Constitution guarantees that “a person has the right to keep and bear arms for defense of self, family home and state…”. Both the United States Supreme Court and the Delaware Supreme Court have recognized the right of self-defense to be fundamental and to have pre-dated the formation of our country. As of 2020, there were over 18,600,000 Americans with concealed carry permits and 24,400,000 adults living in states where no permit is required to carry a concealed firearm, which is a 420% increase in the number of adults living in states allowing the public carrying of a firearm since 1988. As of the beginning of 2021, there were 18 states where no permits were required to carry a concealed firearm, 25 states that were considered “shall issue” permit states, and 9 states that were considered “may issue” permit states. This Act brings Delaware law concerning the carrying of concealed deadly weapons into conformity with Section 20 of Article I of the Delaware Constitution by allowing a person who is 21 years of age or older and not a prohibited person under either Delaware law or the laws of the United States to carry a deadly weapon concealed on or about their person for the purpose of defending self, family, home, and State. In addition, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and conforming amendments in other provisions of the Delaware Code to account for the removal of the requirement to obtain a license to carry a concealed deadly weapon.

This Act prohibits the Department of Natural Resources and Environmental Control from promulgating rules and regulations restricting the sale of fuel-powered cars, trucks, and SUVs in Delaware. This Act does not change the emission standards fuel-powered vehicles must currently meet. The provisions of this bill would be retroactive to March 1, 2023.

This Act amends the Charter of the Town of Magnolia to update and clarify the authority of the Town to borrow money. Specifically, this Act increases the short-term borrowing limit from $15,000 to $50,000, which borrowings are to be authorized by a majority vote of the Town Council. This Act establishes procedures for the Town Council to borrow up to 15% of the assessed value of real property in the Town pursuant to a super-majority vote of the Town Council following a public hearing on the borrowing. The Town’s long-term debt limit pursuant to the favorable vote of the qualified voters is being increased from 15% to 25% of the total assessed value of real property in the Town. This Act clarifies that the owner of more than one lot in an unfinished subdivision may only vote once in a borrowing referendum. This Act makes various miscellaneous changes to internal references to establish consistency with the changes made herein.

This Senate Concurrent Resolution proclaims April 2023 as "Second Chance Month" in the State of Delaware.

This Concurrent Resolution recognizes Christian Holy Week and Passover in the State of Delaware.