Rep. Frank Cooke

This Senate Concurrent Resolution requests that the Division of Medicaid and Medical Assistance study the extension of Medicaid coverage through the first year postpartum. Insurance coverage is a critical factor in determining women's access to affordable postpartum care and is a key strategy for reducing preventable maternal mortality and to close the disparity in the maternal mortaility rate among black women and women of other races.

This House Concurrent Resolution honors and recognizes the leadership and achievements of Dr. Martin Luther King, Jr. and urges all citizens of the First State to participate fittingly in the observance of “Dr. Martin Luther King, Jr. Day” on January 20, 2020.

Section 1 of this bill moves the date of primary elections for statewide office, county office, and municipal office to the fourth Tuesday in April, which is the date of the presidential primary (in presidential election years). The dates for submitting and withdrawing notification of candidacy have been adjusted accordingly. Section 2 of the bill changes the deadline for a minor political party selecting its candidate at the party’s convention. Section 3 of the bill changes the deadline for filing certificates of nomination from September 1st to April 1st. Section 4 changes the “closed” period in which a voter is not allowed to change his or her political affiliation to match the 60-day limit in 15 Del. C. § 3189 for presidential primaries.

Recently, the Department of Justice has dismissed misdemeanor charges of driving under the influence in the Court of Common Pleas in Sussex County and refiled the same misdemeanor charges in the Superior Court in Sussex County. This Act ends that practice by vesting exclusive original criminal jurisdiction for a misdemeanor charge of driving under the influence in the Court of Common Pleas. If a misdemeanor charge of driving under the influence otherwise may be joined properly with a felony within the jurisdiction of Superior Court, the violation of this section is within the jurisdiction of Superior Court.

This Act aims to make the robbery section of Delaware’s Criminal Code simpler and fairer. The Act deletes the carjacking sections and embeds them within the existing robbery statutes to remove duplication from the code. Under this Act, robbery in the first degree includes the theft of a vehicle where there is physical injury or the use, a display or threat of a deadly weapon or death which is a Class B felony; this carries a 3 year minimum mandatory sentence and a maximum sentence of 25 years in prison. Robbery in the Second Degree, a Class E felony, is elevated to a Class D felony if the theft involves a vehicle and elements that pose additional risk to public safety. The Act removes minimum mandatory sentences for some conduct and eliminates sentence enhancements based on prior convictions and the age of victim. The ability to impose lengthier sentences for subsequent conduct or for crimes against vulnerable victims rests with the discretion of sentencing judges.

This Act aims to make the burglary section of Delaware’s Criminal Code simpler and fairer. The Act consolidates the crime of home invasion with existing burglary statutes. Furthermore, this Act recognizes the sanctity of the home and the varied schedules of 21st century homeowners by treating the burglary of an occupied dwelling the same whether the crime occurs during daytime or nighttime hours. The Act removes minimum mandatory sentences for some conduct, but preserves for home invasion a 6 year minimum mandatory sentence and a maximum sentence of 25 years in prison. Finally, the Act eliminates sentence enhancements based on prior convictions and the age of victim. The ability to impose lengthier sentences for subsequent conduct or for crimes against vulnerable victims rests with the discretion of sentencing judges.

This act names the Delaware portion of U.S. Route 301 between Route 1 and the Delaware Maryland State line as First Responders Memorial Highway.

This Act makes it unlawful to cause yard waste to be swept, raked, blown, or otherwise placed in a roadway.

This bill clarifies that Delaware law enforcement may enter into agreements to provide mutual assistance to other jurisdictions.

This Act authorizes the State and its counties and municipalities to install and use vehicle height monitoring systems ("vehicle height monitoring system") to assist in the enforcement of applicable State, county, or municipal law regarding motor vehicle size. This Act is patterned after Maryland's vehicle height monitoring system law, under which the City of Baltimore recently implemented an ordinance to use vehicle height monitoring system. This Act does not create a new violation. It does establish the following: - Requirements for the Department of Transportation ("DelDOT") to conduct the initial identification of potential locations for vehicle height monitoring system and analysis of the appropriateness of each location. - Requirements for the Department of Safety and Homeland Security ("DSHS") to select a system vendor for use by the State, counties, and municipalities through an open competitive procurement process. - Requirements for DSHS to approve and install vehicle height monitoring systems on State-maintained roads. - Requirements for a county or municipality to approve and install vehicle height monitoring system on the roads maintained by the county or municipality. A county or municipality must adopt an ordinance before approving or installing a vehicle height monitoring system. - Requirements and maintenance of vehicle height monitoring system, including the designation of a vehicle height monitoring system technician to maintain a daily set-up log for each vehicle height monitoring system in use. Daily set-up logs may be admitted as evidence in any court proceeding for a violation captured by a vehicle height monitoring system. - That the owner of a motor vehicle captured by a vehicle height monitoring system is liable for the violation, unless the owner can demonstrate that someone else was in control or possession of the motor vehicle when the violation occurred. - A civil penalty under this section is limited to $250 for second violations, and $500 for third and subsequent violations. A first violation is subject only to a warning notice, with no fine. - Requirements for the information that must be included in a citation under this section and that a citation must be mailed within 30 days of the violation. - What must be included in an image recorded by a vehicle height monitoring system to use the image as evidence. - Limitations on the consequences of being liable under this section. A violation may not be used to assess points on the person's driver license, recorded on the person's driving record, treated as a parking violation, or considered in the provision of motor vehicle insurance coverage. - The State or a county or municipality may designate a contractor to administer and process citations under this section, but a contractor's fee may not be contingent on the number of citations issued or paid. - That this section does not apply to certain vehicles, such as emergency vehicles or school buses. Under this Act, the owner of a motor vehicle is liable for a violation that occurs while the owner uses the vehicle or an employee of the owner uses the vehicle for the purposes of employment. If, however, a driver other than an employee of the owner violates this Act while using the owner’s vehicle, a mechanism is in place to allow the owner to rebut the presumption that the owner was driving the vehicle at the time of the violation (see line 121).