Rep. Eric Morrison

This Act provides protections and rights to victims of sexual assault by doing all of the following: • Codifying the core sections of Delaware's Sexual Assault Kit (SAK) testing policy, adopted in May 2022. • Enacts the recommendations of the Victims' Bill of Rights Committee (VBR Committee), established under SCR 99, (152nd General Assembly) providing rights to victims regarding information about the location, status, and preservation of biological evidence. These protections and rights for victims of sexual assault are in addition to existing requirements for DNA analysis performed by the Division of Forensic Science (DFS) laboratory under Chapter 47 of Title 29 and the Victims’ Bill of Rights under Chapter 94 of Title 11. Section 1 revises the definitions in Chapter 47 of Title 29 by transferring definitions from § 4713 of Title 29, updating existing definitions, and creating new defined terms that reflect current practices. Section 2 updates existing requirements under § 4713 of Title 29 that apply when the DFS laboratory receives, analyzes, and classifies biological samples and obtains DNA results, by doing all of the following: • Adding the names of the state and federal DNA databases. • Referencing current law-enforcement procedures, including the names of Delaware’s criminal justice case management systems. • Requiring the Department of Justice, or a law-enforcement agency authorized by the Department of Justice, to inform DFS if the investigation has determined that no crime occurred in the case connected to a biological sample that has been submitted. This enables DFS to comply with NDIS policies and procedures related to when DNA results can be included in the National DNA Index System. • Adding the VBR Committee’s recommendations preventing the destruction of biological samples from unsolved sexual assault cases based on the victim’s age at the time of the alleged offense. For adults, these biological samples may not be destroyed until 20 years after the collection of the evidence and if the victim was under 18 years of age, until the victim is 40 years old. • Adding references to the new SAK-specific provisions under § 4713A of Title 29 and § 9403B of Title 11. Section 3 adds additional requirements that apply when the DFS laboratory conducts DNA analysis of SAKs, codifying Section 5 and Section 7 of the existing SAK testing policy. Section 4 adds definitions related to biological evidence to Chapter 94 of Title 11 for the Victims’ Bill of Rights. Section 5 adds the following to the Victims’ Bill of Rights: • Requirements that apply to investigating law-enforcement agencies, codifying provisions in Section 3 and Section 4 of the existing SAK testing policy. • The VBR Committee’s recommendations regarding victims’ rights to information about the location, status, and preservation of biological evidence, such as learning the status and results of DNA testing. Victims of unsolved sexual assault cases have the right to notice before biological evidence is destroyed, to request that this evidence be preserved, and to designate another person to receive information about the status of biological evidence on their behalf. Section 6 updates how victims receive notifications from law-enforcement agencies that are required under the Victims’ Bill of Rights, to allow for implementation of the victims’ rights to information about biological evidence. All of the following changes were recommended by the VBR Committee and are identical to the language in Senate Bill No. 17 (153rd): • Allowing law-enforcement agencies to send notifications electronically. • Providing that victims are responsible for providing a law-enforcement agency with changes to the victim’s contact information. • Allowing a victim to indicate and change their preferred method of contact by law-enforcement agencies, including a preference not to be contacted, and law-enforcement agencies must use the victim’s preferred method of contact when possible. Sections 7 through 9 revise the definitions of “DNA” and “DNA profile” in Part II of Title 11 for criminal procedure so they align with the definitions in Chapter 47 of Title 29. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act aligns Delaware’s non-discrimination laws. Delaware has several broad laws that prohibit discrimination in public accommodations, housing, employment, and insurance but also has many narrow non-discrimination laws that apply to a specific entity, or type of entity, even though a broad law also prohibits discrimination by that entity. This Act aligns the narrower non-discrimination laws with the applicable broad non-discrimination law by also prohibiting discrimination on any other basis protected under the applicable broad law. Adding the reference to the chapter for the applicable broad law includes all protected classes, definitions, and actions that are currently protected under the broad law or that are added to the broad law in the future. This Act does not make any substantive changes to current non-discrimination laws but is necessary because most of the narrow laws do not contain all of the same protected classes as the broad law that also applies or do not include the definitions of classes that are also in the broad law. These inconsistencies could lead to a misunderstanding by someone reading only an incomplete narrow law, and eventually litigation, about what constitutes illegal discrimination by an entity covered by both the narrow and broad laws. For example: • The non-discrimination provision for the Board of Podiatry under § 506(c) of Title 24 does not prohibit discrimination on the basis of the following classes, for which discrimination is prohibited under Chapter 45 of Title 6: age, marital status, religion, sexual orientation, gender identity, or disability. • Only 4 of the 42 chapters in Title 24 establishing professional licensing boards contain a non-discrimination provision, but this does not mean that the other 38 licensing boards are free to discriminate. Aligning these 4 non-discrimination provisions with Chapter 45 of Title 6 clarifies that Chapter 45 of Title 6 also applies to the 38 professional boards that do not have specific non-discrimination provisions. • For merit system state employees, § 5953 of Title 29 only prohibits discrimination based on race, religion, sex, sexual orientation, gender identity, and housing status but in addition to these classes, § 711 of Title 19 prohibits any employer in this State, including the State, from discriminating in employment based on age, marital status, color, national origin, or disability. • Most of the narrower non-discrimination laws do not include all of the definitions in the applicable broad law. Adding the reference to the applicable broad law incorporates those definitions into the narrower law. For example: 1. All of Delaware’s non-discrimination laws prohibit discrimination based on race and all of the broad non-discrimination laws define “race” as including traits historically associated with race, including hair texture and protective hairstyle. However, very few of the narrower non-discrimination laws include this definition of “race”. 2. Several narrow non-discrimination laws prohibit discrimination on the basis of sexual orientation and gender identity but do not include or specifically reference the definitions of “sexual orientation” or “gender identity” in the applicable broad non-discrimination law. Specifically, this Act revises the following narrow non-discrimination laws to align with the applicable broad non-discrimination law, as follows: To align with the Delaware Equal Accommodations Law, Chapter 45 of Title 6, which prohibits discrimination on the basis of race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, or national origin by establishments that offer goods, services, facilities, privileges, advantages, or accommodations to the general public, including government agencies: • Transportation networks, § 1917 of Title 2. • Parkland owned by civic associations, § 8110 of Title 9. • Jury service, § 4502 of Title 10. • Private business and trade schools, § 8516 of Title 14. • Delaware Veterans Memorial Cemetery, § 1204 of Title 20. • Board of Podiatry, § 506 of Title 24. • Board of Chiropractic, § 706 of Title 24. • The Board of Medical Licensure & Discipline, § 1713 of Title 24. • Board of Funeral Services, § 3102 of Title 24. To align with the Delaware Fair Housing Act, Chapter 46 of Title 6, which prohibits discrimination on the basis of race, color, national origin, religion, creed, sex, marital status, familial status, source of income, age, sexual orientation, gender identity, disability, or housing status in housing offered for sale, rent, or exchange: • Section 4601 of Title 6, because gender identity is missing from the list of classes protected in the purpose section of Chapter 46 even though gender identity is protected under all of the substantive provisions under that chapter. • Recording of deeds, § 9605 of Title 9. • Residential Landlord-Tenant Code, § 5116 of Title 25. To align with Chapter 46 of Title 6, Subsections (a), (b), and (d) are revised to use the term "familial status" because "familial status" is defined in the Delaware Fair Housing Act to mean a household with children. • The definition of “comparable housing” in § 7102 of Title 25 for the conversion of manufactured home communities. To align with the unlawful employment practices in employment under Chapter 7 of Title 19, which prohibits discrimination in employment on the basis of race, marital status, genetic information, color, age, religion, sex including pregnancy, sexual orientation, gender identity, national origin, housing status, disability, status as a victim of domestic violence, a sexual offense, or stalking, or a reproductive health decision: • New Castle County government, § 1183 of Title 9. • Training and apprenticeship programs, § 204 of Title 19. • Merit System of Personnel Administration, § 5953 of Title 29. • Large public works contracts, § 6962 of Title 29. This Act also clarifies that the definition of “place of public accommodation” in § 4502(19) of Title 6 includes entities and services licensed or regulated under Title 5, Banking. This Act does not make any changes to Title 18 for insurance. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act establishes the Office of Suicide Prevention to address suicide prevention and to do the following: (1) Serve in coordination with the Department of Services for Children, Youth and their Families as a place to reach all suicide prevention resources in the State. (2) Assist the suicide prevention coalition in its mission. (3) Provide suicide prevention, intervention, and postvention vision and guidance to stakeholders throughout the State. (4) Work with community level prevention organizations to promote best practices in suicide prevention, intervention, and postvention. (5) Oversee suicide prevention, intervention, and postvention funding application processes and seek grant funds to further suicide prevention, intervention, and postvention. (6) Prepare an annual report for the General Assembly and Governor that outlines the work of the Office and progress made towards suicide prevention, intervention, and postvention, beginning on October 15, 2026. (7) Create the State’s Suicide Prevention Plan, with approval of the suicide prevention coalition, and update it no fewer than every three years. The Act provides that the Division of Substance Abuse and Mental Health will choose a Director to carry out the Office’s duties.

This Act requires a peace officer to consider issuing a juvenile civil citation to a qualified juvenile offender who would otherwise be charged only with specified offenses, and requires that if the peace officer decides not to issue a civil citation and instead charges the juvenile with a crime, the peace officer must document the reason in DELJIS. This Act also requires each law enforcement agency to submit an annual report to the Police Officer Standards and Training Commission about its use of juvenile civil citations. Finally, this Act requires that training on the Juvenile Civil Citation Program be included as part of a police officer’s mandatory training every 2 years.

The Delaware Equal Accommodations Law, Chapter 45 of Title 6, prohibits discrimination in places of public accommodation on the basis of race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, or national origin. This Act ensures that all government services, including those provided directly by government entities and those that are government-funded or supervised, are subject to the same non-discrimination requirements as private businesses by revising the definition of “place of public accommodation”. This Act also creates a definition of “person” that is consistent with similar definitions in the Code. Sections 2 through 4 of this Act provide enactment instructions because House Bill No. 36 (153rd General Assembly) also revises § 4502(19) of Title 6. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act establishes an independent and nonpartisan Office of the Inspector General (OIG) and the position of the Inspector General. Under this Act, the OIG would be unique in state government as a non-political agency with a sole mission to investigate and prevent fraud, waste, mismanagement, corruption, and other abuse of governmental resources. The OIG will protect the health and safety of Delaware residents, assist in the recovery of misspent or inappropriately paid funds, and strengthen government integrity and the public trust in government operations by doing all of the following: 1. Investigating the management and operation of state agencies to determine if there has been waste, fraud, abuse, mismanagement, corruption, or other abuse of governmental resources that is harmful to the public interest, including the General Assembly’s management of governmental resources and routine administrative operations, such as requirements related to employment practices and procurement. The OIG authority in regard to the General Assembly is limited under the Delaware Constitution and thus cannot include the General Assembly’s legislative functions or disciplinary authority which are governed by the Delaware Constitution and the rules of proceedings adopted under § 9 of Article II of the Delaware Constitution. 2. Coordinating with other investigative and law-enforcement agencies, including the Attorney General and the Auditor of Accounts (Auditor). 3. Recommending corrective actions and statutory revisions, and, if necessary, make referrals to other law-enforcement agencies. 4. Providing reports to the Governor, Attorney General, and General Assembly, and these reports will be available to the public on the OIG website. The Inspector General will not duplicate the work of the Auditor, Attorney General, Public Integrity Commission, or other investigative or law-enforcement agencies and will work collaboratively, including through memoranda of understanding, with these agencies for the purposes of efficiency and coordination. Specifically, the Inspector General can be distinguished from these agencies as follows: • Under the generally accepted government auditing standards in the Yellow Book produced by the U.S. Government Accountability Office, both financial and performance audits are only designed to detect fraud, illegal activity, noncompliance, abuse, and waste. An auditor determines whether the subject matter meets criteria, reaches reasonable assurance, and follows directive standards. If an auditor detects fraud or other bad behavior, they must report it to an investigation agency. • The OIG will be an entirely independent investigation agency, charged with gathering evidence to identify the individual responsible for the bad behavior identified through an audit and prove that it occurred. For complaints the received from other sources, the OIG will investigate to determine if there is or has been bad behavior. In addition to proving instances of bad behavior, these investigations may also prove that an allegation is false or incorrect. • The OIG will not duplicate the work of existing ombudsperson offices because the OIG is primarily concerned with detecting and preventing fraud, waste, mismanagement, corruption, and abuse of governmental resources while ombuds programs are concerned with violations of the rights and treatment of specific populations. • If the OIG believes, based on an investigation, that there has been or continues to be significant problem regarding fraud, waste, mismanagement, corruption, or evidence of a crime, the Inspector General must report the finding to the Department of Justice (DOJ). If the DOJ does not take action on a referral, the OIG may pursue a civil action on behalf of the State. • The OIG will be unique in State government because the Inspector General is not elected and will be an entirely independent agency. The Inspector General will be selected through a process that requires a Selection Panel to provide 3 names to the Governor for consideration. The Governor will select a nominee from these 3 names for appointment as Inspector General and submit the nominee to the Senate for confirmation. Once confirmed, the Inspector General serves a term of 5 years. In addition, the DOJ is not responsible for providing legal advice, counsel, services, and representation to the OIG. In other states, the financial impact of investigations by the Office of Inspector General has exceeded the annual budget for that office by millions of dollars. Some examples of conduct that have been identified in states where an Inspector General has responsibilities similar to those under this Act include the following: • In Georgia, an agency administrator who faked multiple pregnancies, receiving 265 hours of leave for which she was not otherwise eligible to receive. • Massachusetts has recovered more than $245,000 from 13 former troopers within the State Police for overtime pay they received for hours they did not actually work. • In Indiana, a Department of Child Services worker was found to have falsified case notes regarding child welfare assessments. • In Louisiana, state agencies were found to have wasted more than $500,000 in non-refundable airline tickets that were allowed to expire and lose value. Under this Act, the selection process for the Inspector General begins within 60 days of enactment. This Act also makes corresponding clarifications to existing law and technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act is a substitute for and differs from Senate Bill No. 202 by requiring only New Castle County to prepare and submit reports on a quarterly basis. The substitute bill also replaces language of the original bill that referenced property parcels “sold” and their “purchased value” with more precise terms consistent with language used on the realty transfer tax return such as “consideration.”

This Senate Concurrent Resolution calls for an immediate review of the recent statewide property reassessment by the members of the General Assembly, in collaboration with state, local, and school district officials, to develop legislative and operational measures that ensure future reassessments are conducted fairly, transparently, and equitably.

This Act requires the tax collecting authority of each county, in the first tax year following a general reassessment, to allow the payment of school taxes under a payment plan of at least 3 equal installments for a residential taxpayer, in a primary residence, whose tax bill increases by $300 or more over the prior year. No late fees, interest, or penalties may be assessed to a taxpayer who enters and complies with a payment plan. The Act also reduces late payment penalties for school taxes in New Castle County to 1% per month, the current penalty for late payment in Kent and Sussex. This Act sunsets 3 years after its enactment into law.

This Act codifies Delaware’s longstanding common law recognition of the authority of Delaware counties and municipalities to separately tax different classes of real property if the classification is reasonable and, under § 1 of Article VIII of the Delaware Constitution, the tax rates are uniform for all real property in each classification. See Green v. Sussex County, 668 A.2d 770, 776 (Del. Super. Ct. 1995), aff’d 667 A.2d 1319 TABLE (Del. 1995); Aetna Cas. & Sur. Co. v. Smith, 131 A.2d 168, 177-78 (Del. 1957); Phila. B & W R. Co. v. Mayor & Council of Wilm., 57 A.2d 759, 765-66 (Del. Ch. 1948); Conrad v. State, 16 A.2d 121, 125-26 (Del. 1940). As this Act is a codification of longstanding authority of taxing authorities to separately tax different classes of real property, Section 5 of this Act makes clear that this Act applies to county tax rates retroactively and prospectively.