This Concurrent Resolution recognizes January 9, 2021, as "Law Enforcement Appreciation Day" in Delaware.
This amendment to the House Rules requires a three-fifths vote of the members of the House in order to suspend the House Rules. The primary purpose of the House Rules is to establish a reasonable and orderly process for the consideration of legislative proposals to be addressed by the House of Representatives. Suspension of Rules should only be necessary in unusual situations. This change will require a broad consensus (three-fifths) of all members of the House of Representatives in order to suspend rules. Since a three-fifths requirement cannot be done via a simple voice vote, and must be performed with a roll call, this change will also increase transparency by ensuring that every legislator will have their vote on the action recorded and available for public review.
On November 3, 2015, the United States Centers for Disease Control and Prevention (CDC) published a report titled "Elevated Rates of Urban Firearm Violence and Opportunities for Prevention – Wilmington, Delaware" in which the CDC made 2 major recommendations: (1) the creation and adoption of a robust risk assessment tool and (2) an integrated, statewide data collection system. To date, no meaningful action has been taken at any level to implement the CDC's recommendations. This Act adopts the CDC's recommendations and directs the pertinent State agencies to implement these recommendations.
In 48 states, the presidential candidate winning the majority of the popular vote is awarded that state’s total electoral votes. However, the U.S. Constitution does not specify how individual states must apportion these votes. The predominant “winner take all method” is deeply flawed in that the outcome is often not an accurate representation of a state’s diversity of opinion. This measure corrects this inequity in Delaware. The proposed reform would divide the state’s three electoral votes equally among its three counties. The popular vote in each would determine how that county’s single electoral vote would be allocated. Such a system would be unique and proportional, better reflecting the will of the individual Delawarean with greater accuracy and independent strength of geographic location for all Delawareans, not just those in the densely populated areas in this nation or State.
Under current law, only a premises that qualifies as a restaurant or is operated by a not-for-profit group may allow customers to bring alcoholic beverages onto the premises. This Act permits wedding venues and persons renting a premises for other social gatherings to allow customers to bring alcoholic beverages onto the premises, if licensed by the Commissioner as a bottle club. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act clarifies that yard waste is included in the types of trash and litter that it is illegal to discard on a highway. This Act also defines “yard waste.” This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Transporters of mobile homes must have a hauling permit under Title 21, Chapter 45 to transport mobile homes on public roadways. This bill eliminates the need to also obtain a temporary registration to transport the mobile home.
This act will be known as the Egregious Crimes Accountability 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 recognizes developing trends in death penalty jurisprudence and the American Bar Association's Resolution 122A (2006), of August 8, 2006, by prohibiting the imposition of the death penalty upon a person who has been found "guilty, but mentally ill", as defined by Title 11 § 401. This Act also limits the statutory aggravating circumstances to four aggravating circumstances: 1. Mass Murder: The defendant’s course of conduct resulted in the deaths of 3 or more persons where the deaths occurred in a place of public use and the deaths are the probable consequence of the defendant’s conduct. The threshold number of 3 deaths is consistent with the federal definition. 28 U.S.C. § 530C. 2. Repeat Offender: The defendant was previously convicted of another murder. 3. Horribly Inhumane: The murder was outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind, use of an explosive device, weapon of mass destruction, or poison or the defendant used such means on the victim prior to murdering the victim. 4. Hate Crimes: The murder was committed for the purpose of committing a hate crime. Hate crime is defined in Title 11, § 1304.
This bill creates a special license plate for World War II veterans.
This bill would allow a court of competent jurisdiction to dismiss minor equipment violations upon a showing that repair(s) have been made. The sections include inoperative horn, missing rear-view mirror, improper window tint, and inoperable headlights, taillights, turn signal lights, and lighting on a motorcycle.
