Rep. John A. Kowalko

This Act removes the sunset provision contained in Volume 80, Chapter 412 of the Laws of Delaware (formerly House Bill No. 405, as amended, of the 148th General Assembly) that is set to expire the law on September 8, 2018. The purpose of Volume 80, Chapter 412 of the Laws of Delaware is to prevent first-time juvenile offenders charged with certain minor misdemeanors from entering into the juvenile criminal justice system by providing law enforcement with a civil citation procedure as an alternative to arrest.

This Substitute Act incorporates House Bill No. 302, and also makes the following changes to House Bill No. 302: (1) Creates a new § 5403 of Title 16, which permits a mental health service provider, institution, agency, or hospital to disclose confidential communications to a law enforcement if the mental health service provider, institution, agency, or hospital concludes that the patient is dangerous to self or dangerous to others. (2) Adds definitions for “dangerous to others” and “dangerous to self” that are based on the definition in § 5001 of Title 16, but expand the temporal imminence of the individual’s actions. (3) Permits a law-enforcement officer to obtain an order of relinquishment from the Justice of the Peace Court if the officer has probable cause to believe that an individual who is the subject of a report from a mental health provider under § 5402 or § 5403 of Title 16 is dangerous to others or self and in possession of firearms or ammunition. This process is an expedited process, akin to obtaining a search or arrest warrant. Under this process, if the Justice of the Peace Court finds probable cause, it must order the relinquishment of firearms to law enforcement and may prohibit the individual from residing with others who possess firearms and grant permission for law enforcement to search for and seize firearms. An order from the Justice of the Peace Court is good for 60 days. If the Department of Justice does not file a petition in Superior Court within 60 days, the Justice of the Peace Court’s order is void and law enforcement must return the firearms. (4) Makes clear that if the Department of Justice files a petition in Superior Court, the individual has the right to a hearing before an order of relinquishment may be granted by the Superior Court. (5) Makes clear that the Justice of the Peace Court and the Superior Court may, as part of an order of relinquishment, order an individual to not reside with an individual who owns, possesses, or controls firearms. However, the Courts may not impair or limit the right to keep and bear arms of an individual who is not subject to an order. (6) Adds consistent relinquishment provisions to Title 16 so that if the Superior Court finds probable cause for an involuntary commitment hearing or orders an individual to outpatient treatment, the Court must also order the individual to relinquish firearms or ammunition. It also makes clear that an individual subject to the order of relinquishment may seek relief from the Relief from Disabilities Board. (7) Makes technical changes to correct a designation in § 1448C of Title 11 and to add “, institution, agency, or hospital” to § 5402(a)(1) of Title 16.

This House Resolution recognizes April 28, 2018, as Workers Memorial Day.

This bill changes the adjudication process from nonbinding arbitration to an administrative hearing. This change reflects the nature of the hearings that have occurred under this section. This bill also permits any party to request from Superior Court a stay of the hearing officer’s decision if an appeal has been filed.

Modeled after legislation passed in New Jersey on August 8, 2013, this legislation prohibits a person named on the federal terrorist watchlist from purchasing, owning, possessing or controlling a deadly weapon or ammunition for a firearm within the State.

This Act establishes an Educational Support Professional of the year award program throughout the State. Through this legislation, the state will formally honor and recognize the work educational support professionals, such as paraprofessionals, food service workers, custodians, and secretaries do to enhance school communities in Delaware.

This bill establishes a 20 year retirement for correction officers and specified peace officers within the State Employees’ Pension plan. The bill amends the multiplier prospectively for the calculation of pension benefits for correction officers and specified peace officers. For service prior to January 1, 2018 the multipliers of either 1.85%, 2.0% or 2.45% would continue to be in effect and then for years of service after January 1, 2018 a uniform multiplier of 2.5% for the first 20 years, plus 3.5% for years beyond 20 years. In addition, this bill amends the employee contribution for all correction officers and specified peace officers to a uniform 7%.

This Resolution recognizes April 2018 as Child Abuse Prevention Month in Delaware.

This bill provides that every member of the General Assembly or person elected to state office shall disclose as part of their financial disclosure if they have received more than $10,000 in the last 10 years due to the sale of land, development rights, an agricultural conservation easement, a forest preservation easement or any other type of easement to the State of Delaware, any county, any municipality, any public instrumentality, or any government agency or organization.

This Act raises the first offense of purchasing or obtaining a firearm for someone not legally qualified to own, possess or purchase one from a Class F to a Class E Felony. This change is to deter such "straw purchases" by making jail time more likely for the offender, and consequently, to reduce the number of people who cannot legally possess firearms but obtain them in this manner.