Rep. Stephen Smyk

This Act authorizes a court to impose as a condition of bail that a person charged with misdemeanor Driving Under the Influence not be permitted to drive a vehicle. This Act also allows the Justice of the Peace Court to retain jurisdiction to impose, modify and enforce bail conditions for misdemeanor Driving Under the Influence offenders even after the case is transferred to the Court of Common Pleas for trial. This Act further authorizes the Justice of the Peace Court to impose bail conditions including abstinence from alcohol or drugs and monitoring necessary to ensure compliance with such condition.

Delaware's Community College System, operated by Delaware Technical and Community College (“the College”), plays a critical role in the State's economy by providing workforce development and transfer education that connects Delawareans with good paying jobs within the State and region. This Act gives the College’s Board of Trustees the authority to issue bonds to finance the cost of major and minor capital improvements, deferred maintenance, and the acquisition of related equipment and educational technology and establishes the Community College Infrastructure Fund (“the Fund”) to pay the principal and interest on such bonds. This Act adopts the county Vo-Tech structure to finance the Fund by authorizing the College's Board of Trustees to collect a local property tax, subject to a cap. All money raised in a county must be placed in a segregated account and spent exclusively on projects in that county; this eliminates any possibility of applying this Act in an unconstitutional manner. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

In the 148th General Assembly, the state employees' pension law was amended by House Bill No. 363, as amended by House Amendment No. 1 to House Bill No. 363, to permit specified peace officers to retire at 25 years without any reduction. Specified peace officers will pay a higher employee contribution, and those who continue to work past 25 years of service will have the multiplier used in the calculation of benefits increased for the years past 25 years. This Act adds Delaware State University Police officers to the definition of "specified peace officers."

This Act would enhance the ability of the prescription monitoring program to make informed determinations as to prescribers who may be making extraordinary prescriptions of opiates or other controlled substances, and to refer such cases to law enforcement or professional licensing organizations for further review. The Act would also provide a more usable standard for provision of specified information to law enforcement agencies upon a showing of need.

This act will be known as the Extreme Crimes Protection Act. This Act revises Delaware's death penalty statute to ensure its compliance with the United States Constitution, as interpreted by the United State Supreme Court in Hurst v. Florida, and by the Delaware Supreme Court in Rauf v. State. In accord with those cases, this Act will require that before a death sentence can be imposed, a jury (unless the Defendant waives their right to one) must first determine unanimously and beyond a reasonable doubt: that at least 1 statutory aggravating circumstance exists; which (if any) statutory and non-statutory aggravating circumstances alleged by the State exist; and whether all of the aggravating circumstances found to exist outweigh all of the mitigating circumstances found to exist. This Act also revises Delaware's death penalty statute to comply with the United State Supreme Court's holding in Hall v. Florida, interpreting standards set forth in Atkins v. Virginia. This Act adopts the term "intellectual disability" used by the United State Supreme Court.

This Act is the second leg of a constitutional amendment that would add the Chief Magistrate to the Court on the Judiciary. Like all judges within the state, the judges of the Justice of the Peace Court are subject to the jurisdiction of the Court on the Judiciary. This amendment makes it so that the presiding judge of each of the six state courts serves as a member.

This Resolution extends the due date of the final report of the Task Force to Review and Recommend Noise Control Laws in the State of Delaware from April 30, 2017, to June 30, 2017.

This Joint Resolution opposes the cost allocation of the Artificial Island Transmission Project as unfair and unduly burdensome to the ratepayers of Delaware and urges PJM to join with Delaware in contesting the cost allocation in the proceedings pending before FERC.

This concurrent resolution calls on the Department of Transportation (DelDOT) to study and revise as appropriate, the emergency evacuation routes for the beach areas in lower Sussex County.

This resolution extends the due date of the final report of the Task Force to Review and Recommend Noise Control Laws in the State of Delaware from January 1, 2017 to April 30, 2017.