This Act permits a person who has been the victim of non-consensual sexual conduct or non-consensual sexual penetration to apply for a sexual violence protective order if the person has a reasonable fear, based on specific conduct occurring contemporaneously or subsequent to the non-consensual sexual conduct or penetration, that the perpetrator of the sexual conduct will harm the petitioner in the future. An ex parte temporary order may be issued if a petitioner proves by a preponderance of the evidence that the respondent poses an immediate and present danger of causing physical injury to the petitioner. The protective order is a civil remedy available whether or not the respondent has been charged with a crime and whether or not the petitioner reported the respondent’s conduct to law enforcement officials. The Act provides for an emergency ex parte hearing as well as a non-emergency hearing in Superior Court. Possible remedies in addition to an order restraining the respondent from any kind of contact with the petitioner include restraining the respondent form going to, or remaining in, the places a petitioner might frequent including home, school, or work. Violation of a sexual violence protective order is punishable as criminal contempt, either as a class A misdemeanor, or Class F felony if contempt of the order results in physical injury, or involved threatened use, or use of, a deadly weapon or firearm. Petitions under the Act must be verified. If any party falsely swears in a petition or hearing under the Act, the person may be liable for a misdemeanor or felony. A sexual violence protection order is available only for petitioners who would not qualify for a protection from abuse order because there is no family or dating relationship between the victim and perpetrator. The Act also makes technical corrections to existing law to make it conform to the Legislative Drafting Manual. The Act takes effect 6 months after its enactment.
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Under current Chapter 27 of Title 10 the Board of Examiners of Constables is charged with appointing constables and certifying their commissions as well as monitoring their training and in-service. Currently, there is no member on the Board who acts as a representative for constables. This bill removes the constable statute from Title 10 by deleting Chapter 27 in its entirety, and adding Chapter 56, as it relates to Constables, to Title 24 of the Code. This bill renames the Board “Constable Board of Examiners”, expands the number of Board members from 5 to 7 and replaces the current representative from the American Society of Industrial Security with 3 constables, 1 specifically employed with a higher education institution and 1 specifically employed with a healthcare institution. This bill also clarifies the authority of the Board and the powers and duties of constables. The Act also brings the Board’s process under Delaware’s Administrative Procedures Act. The Act grandfathers all currently commissioned constables, except requiring their compliance with all firearms training, until their present term expires. The Act also amends Title 18 to reflect that commissioned constables, as in current law, remain eligible for line-of-duty death benefits under this new Chapter.
This Act is a result of the Joint Legislature Oversight and Sunset Committee's ("JLOSC") review of the Division for the Visually Impaired ("DVI") and represents the collaboration of several state agencies and other stakeholders. The General Assembly originally codified DVI in 1909 as the Delaware Commission for the Blind, Delaware’s first state agency. DVI was established in § 7929, Title 29 in 1978 and housed under the Department of Health and Social Services. The JLOSC review and subsequent task force on DVI revealed changes needed under Title 14, 29, and 31. This Act modernizes the portions of Titles 14, 29, and 31 relating to persons with blindness, including: - Updating sections language pertaining to the federal Vocational Rehabilitation (“VR”) program, which includes the Business Enterprise Program. DVI is an approved VR agency under the federal program. The Rehabilitation Services Administration (RSA) is the federal agency who oversees DVI’s VR program. The RSA completes audits on DVI’s VR program and provides ongoing guidance and support. This Act makes amendments to areas identified in the JLOSC review process and by RSA during their recent audit. - Updating language in Title 14 relating to teacher certification. Teachers that DVI employs are certified teachers of the visually impaired and must meet all Department of Education (“DOE”) requirements. This area of law is extensively regulated under the DOE’s regulations relating to educational services to all children with disabilities, including blindness. See Regulation 925 of Title 14 of the Delaware Administrative Code. DVI worked in collaboration with the Department of Education on updates to Title 14 and removed outdated information on teacher certification. - Repealing Chapter 23, Title 31. Chapter 23 is outdated language that codified the duties of the previous entity, the Commission for the Blind. DVI does not provide the services under Chapter 23. - Correcting the title of the Council on the Blind in § 8210, Title 29. - Removing remaining references to the Commission on the Blind. - Replacing antiquated language with the appropriate phrase, “person with blindness” or "person with visual impairment." This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act prohibits the seller of consumer goods or services from refusing to accept cash payment, except in limited circumstances. Sales covered by this Act are those made at a retail store through an in-person transaction. The Act does not apply to sales of goods or services by electric or gas utilities, telephone, mail or internet sales, or for services provided at parking lots or garages. It creates graduated civil penalties for violations and provides consumers a private right of action to recover double damages, including consequential damages, for a second violation of the law and triple damages for subsequent violations. The Division of Consumer Protection has authority to enforce the law.
All human laboratory testing is regulated under the Clinical Laboratory Improvement Amendments of 1988 (“CLIA”). CLIA-waived tests are simple laboratory examinations and procedures that have an insignificant risk of an erroneous result. Common CLIA-waived tests include Influenza, HIV, COVID-19, and lipid-panel tests. Amid COVID-19 pandemic, the need for immediate diagnostic services that are close to home became vital. This bill authorizes pharmacists to order and perform tests authorized by the FDA and CLIA-waived and provide treatment for such health conditions.
This Act establishes an evaluation and assessment system created by the Department of Education to determine whether a school facility is in good repair to assure that school facilities are clean, safe, and functional for staff and students. This Act also requires the Division of Public Health to create a routine indoor air quality monitoring program that includes temperature and humidity standards that is published on the Department of Health and Social Services website. It further requires the Division of Public Health to create a contractor certification program for indoor air quality services that will allow schools to contract with properly trained and certified contractors when indoor air quality remediation is necessary. The Act also provides procedures for districts to make procedures clear for receiving and reporting indoor air quality complaints in schools. This Substitute bill differs from the original in that it does not provide for implementation of the routine indoor air quality monitoring program nor its enforcement. Once the program is created and there is a better understanding of what it will require, the General Assembly may then establish how, and to what extent, to implement the program with the knowledge of what is necessary to do so.
Recognizing the negative impact of criminal justice imposed financial obligations on defendants has led to reforms across the country to reduce the financial burdens that disproportionally impact the poor. This type of debt and the collateral consequences of suspending a driver’s license negatively impacts the rehabilitation of those in the criminal justice system and pushes those without an ability to pay further into the system unnecessarily. This Act does all of the following: (1) Prohibits a court from imposing a fine, fee, cost, or assessment on children without the means to pay them. (2) Provides the courts with the discretion to waive, modify, or suspend any fine, fee, cost, or assessment. (3) Prohibits a court or the Department of Transportation from suspending a driver’s license for nonpayment of a fine, fee cost, assessment, or restitution and from charging a penalty, assessment, or fee to a defendant for the cancellation of a warrant issued due to the defendant’s nonpayment of a fine, fee, cost, assessment, or restitution. (4) Prohibits a court from imposing an additional fee on a defendant for payments that are made at designated periodic intervals or late, or when probation is ordered to supervise a defendant’s payment. Nothing in this Act precludes the court from filing contempt charges against defendants who willfully fail to pay their fines. (5) Requires the Judiciary and the Delaware Criminal Justice Information System to report on the sum collected from fines, fees, costs, assessments, and restitution and make a public report of these totals. (6) Eliminates the Public Defender fee and the Probation Supervision fee. The collections from these fees currently go to the General Fund. (7) Creates the Criminal Legal System Imposed Debt Study Group to review the impact that court imposed financial obligations have on defendants and victims and make recommendations to promote access, fairness, and transparency in the imposition and collection of court imposed financial obligations. (8) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
The Delaware Fair Chance Licensing Act provides that it is the policy of this State to allow entry to professions and occupations with licensing requirements for individuals with a criminal history to the maximum extent consistent with public safety. To that end, the bill identifies certain kinds of criminal history elements that should not be considered by licensing boards: charges that are not pending and did not lead to a conviction; juvenile records; records that have been expunged, sealed, or pardoned; and convictions that are more than 10 years old. An exception is allowed to the 10 year rule to preserve existing prohibitions involving sex offense convictions. The Act also identifies factors a licensing authorityshould consider in determining whether a criminal history record would prohibit licensure, or whether a waiver should be granted. The bill provides a process whereby an individual may submit an inquiry to the Division of Professional Regulation regarding whether their criminal history would be disqualifying for a particular license. Finally, it provides that the Board or Division must provide a written statement to an individual if their criminal history record would be disqualifying and allow the individual to submit rebuttal materials if they wish to do so. Technical changes are also made to conform the provisions to the requirements of the Delaware Legislative Drafting Manual. Conforming changes are made to all the Chapters of Title 24 that are administered by the Division of Professional Regulation. Technical corrections are made to existing provisions to conform with the Delaware Legislative Drafting Manual.
This Act adds victims of human trafficking to the Address Confidentiality Act. Under this program, certain crime victims are provided a substitute address by the Department of Justice so as to protect the participant’s actual address from public disclosure. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
The Board of Medical Licensure and Discipline and the Board of Nursing are responsible for establishing continuing education requirements for medical professionals licensed by these Boards. This Act adds a requirement that practitioners licensed by these Boards who treat adults must complete one hour of continuing education in each reporting period on the topic of diagnosis, treatment, and care of patients with Alzheimer’s disease or other dementias. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.