Rep. Sean Lynn

Delaware relies on fees imposed as surcharges by the criminal legal system to generate revenue for government services. These criminal fees can be an unstable revenue generator, especially when there are recessions, pandemics, or other major economic events. This Act repeals three fees that currently fund videophone systems used by state and local agencies, personnel, equipment, and training expenses related to judicial branch security, and victim notification initiatives. The elimination of these fees was recommended by the Criminal Legal System Imposed Debt Study Group created by House Bill 244, as amended by House Amendment No 2, of the 151st General Assembly, in its December 7, 2023 report. The Criminal Legal System Imposed Debt Study Group also recommended replacement of lost revenue for affected agencies as needed with General Funds. In repealing these fees, the General Assembly intends to eliminate any outstanding balances owed on these fees.

Currently, if a child files an application in Superior Court to have their criminal case transferred to Family Court and the Superior Court denies the application, there is no recourse for appeal until the child’s criminal case is finally adjudicated in Superior Court. In State v. Roberts, Del.Supr. 282 A.2nd 603 (1971) the Delaware Supreme Court stated its jurisdiction, over such appeals by an accused, may only be by operation of law. This Act permits the child to enter a plea of guilty or nolo contendere and appeal an amenability denial to the Delaware Supreme Court within 30 days of being sentenced by the Superior Court. This Act also prohibits any plea being conditioned on waiving this right of appeal. This Act also clarifies that the Superior Court will not retain jurisdiction over the child if the Supreme Court reverses the Superior Court’s Order.

This Act promotes increased capital investment at Delaware casinos by restructuring the table games licensing fee reduction currently received by lottery agents to allow capital investments greater than the minimum amounts required under § 4815(b)(3)a. of Title 29 of the Delaware Code to count toward the allowable license fee reductions. For ease of administration, this Act also aligns time periods for both table games and video lottery calculations.

This Act provides enhanced statewide jurisdiction for police officers, including county and municipal police officers. Specifically, this Act does the following: (1) Enables a police officer to make arrests for certain serious offenses committed in the officer's presence when the officer is off-duty, if the officer is operating a police vehicle equipped with emergency lights and a siren. (2) Adds 3 additional traffic violations to the list of traffic violations for which a law enforcement officer may arrest for statewide when the traffic violations are committed in the officer's presence, reckless driving, aggressive driving, and overtaking and passing a stopped school bus. (3) Requires a police officer acting outside of the officer’s jurisdiction to take reasonable measures to notify the primary jurisdictional police agency as soon as practicable of the location of the crime and, if involving a stop for 1 of the 4 permitted motor vehicle offenses, the registration number, description, and number of occupants of the vehicle. (4) Enables an off-duty police officer to make an arrest at any location in the State of an individual for any offense committed within the jurisdiction of the officer’s employing agency and for whose arrest a warrant has been issued.

This Act ensures that all individuals, regardless of housing status, have equal opportunity to live in decent, safe, sanitary, and healthful accommodations and enjoy equality of opportunities. To that end, this Act sets forth the rights of individuals experiencing homelessness, many of which are existing constitutional rights, and creates a process by which the State Human and Civil Rights Commission and the Division of Human and Civil Rights may accept and investigate complaints of discriminatory treatment, attempt conciliation, and refer enforcement actions to law enforcement Internal Affairs if necessary. These entities already exist and administer Delaware’s Fair Housing and Equal Accommodations laws. This act is intended to prohibit discrimination on the sole basis that one is experiencing homelessness. It does not give preferential treatment to those experiencing homelessness, but merely prohibits discriminatory treatment. The complaint process requires that conciliation is attempted before a public hearing is held, as set forth in lines 151-160 and 167-169. This Act is a successor to House Bill No. 55, and differs from that bill in the following ways: 1) The new Chapter it creates is entitled “Anti-Discrimination Provisions for Individuals Experiencing Homelessness” instead of “Bill of Rights for Individuals Experiencing Homelessness.” 2) Defines the term reasonable search. 3) Expands the definition of “individuals experiencing homelessness” to include those who may be staying with different friends or family without a permanent home. 4) Eliminates a reference to voting rights, since such rights are addressed elsewhere in the Code. 5) Clarifies that the right to seek or maintain housing does not preclude or limit a municipality’s enforcement of its housing, building, and sanitation laws. 6) Changes the right to occupy a motor vehicle or recreational vehicle, provided that the vehicle is legally parked "on public property" to "in a public parking lot." 7) Confirms that the right to be free from discrimination by landlords on the basis of experiencing homelessness does not preclude a landlord’s consideration of any other factor that is permissible under State or federal law. 8) Removes the provision that the Commission and the Division may consult with state, county, and municipal officials, and other interested parties, to learn the extent, if any, to which discriminatory acts exist in the State, county, or municipality, and whether and how state, county, or municipal enforcement programs might be utilized to combat the discrimination. 9) Mandates reporting on the Division's educational activities. 10) Provides that upon preliminary confirmation that the party alleged to have engaged in a discriminatory act is a law enforcement officer or law enforcement agency, the Division shall refer the matter to the applicable Internal Affairs department (instead of the Department of Justice) for further appropriate investigation and resolution. 11) Provides that the Commission shall issue an annual report identifying organizations who has committed three or more substantiated violations of § 4504A of this title in a 12 month period. 12) Clarifies that judicial review is done in accordance with the Administrative Procedures Act. 13) Provides respondents with a cause of action for damages, including attorneys’ fees, costs, and punitive damages, against a complainant who abuses the process set forth in the act.

This Act is a substitute for Senate Bill No. 2. Like Senate Bill No. 2 this Act does all of the following: (1) Creates an application process to obtain a handgun qualified purchaser permit to authorize the purchase of a handgun. While an applicant will incur costs related to fingerprinting and required training, a fee will not be charged to obtain the permit. A holder of a valid concealed carry permit, a qualified law-enforcement officer, and a qualified retired law-enforcement officer are not required to obtain or present a handgun qualified purchaser permit. (2) Prohibits a licensed importer, manufacturer, or dealer, as well as unlicensed persons, from selling or transferring a handgun to an individual unless the individual has a handgun qualified purchaser permit. (3) Requires that an applicant complete a firearms training course within 5 years before the date of application, similar to what is required by Delaware’s concealed carry permit law. (4) Makes clear that § 904A of Title 24 is not intended to prohibit law-enforcement officials from keeping records. (5) Requires the Department of Safety and Homeland Security to develop and administer a firearms training voucher program for low-income residents to provide low-income residents with a voucher to cover the costs of the firearms training course required under Section 1 of this Act. (6) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act differs from Senate Bill No. 2 as follows: (1) By increasing the time a handgun qualified purchaser permit is valid from 180 days to 1 year. (2) By requiring the Superior Court to schedule the de novo hearing within 15 days of the filing of the appeal rather than to hold the hearing within 21 days of the filing of the appeal. (3) By extending the implementation timeline of Sections 1 and 5 of this Act from a maximum of 6 months from the date of the Act’s enactment to a maximum of 18 months from the date of the Act’s enactment.

House Bill 162 authorizes the process of natural organic reduction to be used in this State. Natural organic reduction is the gentle, respectful process that accelerates the decomposition of human remains to soil. This process uses large vessels to hold human remains together with straw, wood chips, or other natural materials for about 30 days. The human remains and organic materials, mixed together with warm air, are periodically turned and the process eventually results in reduction of the human remains to a soil material that can then be provided to the deceased individual's family. Natural organic reduction is considered a more eco-friendly cremation alternative, forgoing the usage of formaldehyde and the release of carbon dioxide and mercury into the atmosphere. The process also uses 1/8 the energy of cremation. Section 3 removes "and by the Attorney General or a deputy attorney general" from § 3163 of Title 16, which was overlooked when Chapter 164 of Volume 68 of the Laws of Delaware was enacted, removing similar language in § 3159 of Title 16. Section 12 of this Act replaces the citation to § 3162 of Title 16 with a citation to § 3159. Section 3162 was transferred to § 3159 when Chapter 31 was reenacted by Chapter 274 of Volume 68 of the Laws of Delaware, but this citation was overlooked. This Act takes effect the earlier of 1 year from the date of the Act's enactment or notice in the Register of Regulations that final regulations to implement this Act have been adopted. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. 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 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 Substitute No. 1 to HB 162 adds requirements to those already set forth in HB 162 for natural organic reduction facilities and changes the permissible chemical limits for final remains after natural organic reduction. This Substitute also sets forth circumstances that preclude remains from being admitted to a natural organic reduction facility. This Substitute defines “final remains” and “last remains” identically in Title 12 of the Delaware Code to allow for the use of either phrase throughout that Title. This Substitute also makes typographical and technical corrections to conform existing and drafted law to the standards of the Delaware Legislative Drafting Manual.

This Act is a substitute for House Bill No. 359. This Act, like House Bill No. 359, changes the applicability of the Delaware Personal Data Privacy Act. This Act differs from House Bill No. 359 because instead of applying all of the provisions of the Delaware Personal Data Privacy Act to the State government, this Act limits the application to the State government only for purposes of a consumer enforcing a right under § 12D-104(a)(6) of Title 6 of the Delaware Code to opt out of the processing of the consumer’s personal data for the purpose of targeted advertising, the sale of personal data, and profiling in furtherance of solely automated decisions that produce legal or similarly significant effects concerning the consumer.

This Concurrent Resolution designates April 24, 2024, as "4-H Day" in the State of Delaware and calls upon Delaware's citizens to recognize the many contributions of the State's 4-H programs.

This Concurrent Resolution observes April 2024, as the "2024 Month of the Military Child" in the State of Delaware.