This resolution designates October 17-23, 2022 as "Free Speech Week" in the State of Delaware
In a case of first impression, the Superior Court ruled, contrary to "common knowledge" of Delaware Criminal laws, that criminal impersonation requires proof that a real person (a human being who has been born and is alive) has been impersonated; in other words, one cannot impersonate a fictitious person. Evans v. State, Del. Super., June 5, 2019. This Act provides that criminal impersonation occurs when one impersonates a real or fictitious person.
This bill allows for flashing lights to be placed upon trailers used by law enforcement for speed control purposes.
This Act imposes an increased penalty for certain already illegal activity involving animal fighting by increasing the classification of felony for individuals engaging in the organization of animal fights or are directly involved in the act of carrying out or causing animal fighting by reclassifying this activity as a Class D felony.
While the consumption of marijuana while driving is an unclassified misdemeanor under § 4764(d) of Title 16 of the Delaware Code, this Act also makes the consumption of marijuana while driving a motor vehicle violation, like alcohol currently is. Thus, this Act enables law enforcement officers to charge a lesser offense and to use a traffic ticket rather than a criminal summons or warrant. This would enable an individual to avoid a conviction for a misdemeanor, as well as provide a better understanding to the general public that marijuana usage while operating a motor vehicle has the same dangers of impairment as drinking an alcoholic beverage. Section 2 of this Act eliminates the definition of “consume” to remove the requirement that the officer observe the act in order for the act to be a crime since “consume” should be given its ordinary meaning for consistency with other provisions in the Delaware Code. Section 3 of this Act provides for a license loss for the consumption of marijuana by those under the age of 21 who drive, operate, or have actual physical control of a motor vehicle. This places the consumption of marijuana in this context on par with the consumption of alcohol. This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to create a new crime within the jurisdiction of the Court of Common Pleas, Family Court, or Justice of the Peace Court or to expand the scope of an existing crime within the jurisdiction of the Court of Common Pleas, Family Court, or Justice of the Peace Court.
This bill creates a special license plate for Whitetails Unlimited.
This bill seeks to create the Expanded Protection for Our Communities and Homes (EPOCH) Grant Program through a one-time appropriation of $20 million. The grant money would be distributed to every Delaware police agency that chooses to participate. The distribution would consist of a minimum standard allocation made to each agency and an allocation based on the number of uniformed officers authorized for each agency. EPOCH grants could be used by the recipient agencies to recruit new officers; promote or encourage careers in law enforcement; initially pay the salaries of newly hired officers; pay for overtime to facilitate additional work to address issues of local concern (including traffic enforcement); and implement programs designed to improve public safety in the area of the agency’s jurisdiction. The grant allocations would be available for the agencies to use for up to three years, after which any unused and unencumbered funding would return to the General Fund.
The Delaware Entertainment Job Act is intended to encourage jobs creation, artistic endeavors and investment in the film, television, esports and videogame industry in the State of Delaware, and the attendant benefits for the economy and job growth. Delaware is one of the only states in the Mid-Atlantic and country without some form of tax credit at a time when production of original content for streaming and at theaters is at an all-time high. Thirty-three states have some sort of production incentive. This legislation will provide for a thirty-percent, transferable tax credit for an investment in the state in a film, television, esports or videogame production. All qualified productions will be required to have an audit of their expenditures following the completion of production in the state before any credits will be awarded. Further, all qualified productions will be required to provide training through an internship program so that citizens may be able to gain a valuable trade. The credits will be administered by the Delaware Film, Television, and Digital Entertainment Office in cooperation with Department of Finance.
This bill increases the amount of realty transfer tax receipts transferred to the Delaware Farmland Preservation Fund to adjust for inflation. This funding amount has not been increased since 2005.
This Act requires an individual who kills a child’s parent while driving under the influence to pay restitution to the child for the reasonable and necessary support of the child. This Act is to be known and may be cited as “Bentley’s Law”, in honor of Bentley Williams, the son of Cordell Williams and Lacey Newton, who were killed by an individual driving under the influence in Missouri in April 2021.
