This is the first leg of a constitutional amendment to protect our communities from gun violence. While there is a legal presumption that people arrested in Delaware will have an opportunity to post bail while awaiting trial, this right is not universal. The state constitution already allows individuals charged with capital offenses (murder) to be held without bail “when the proof is positive or the presumption great” that the defendant committed the crime. This proposed amendment bill would expand this provision to include the charge of possession of a firearm during the commission of a felony. Crime data statistics reveal that the overwhelming majority of arrests for gun crimes involve individuals that have previously been arrested for other felony offenses. Carrying a firearm during the commission of a felony demonstrates a calculated willingness by the perpetrator to use a weapon in the furtherance of his or her criminal activity. By virtue of its availability, someone who makes the conscious choice to carry a gun while engaging in serious illicit acts is more likely to use it to threaten, intimidate, injure, or kill their victims. Allowing people that have been arrested for possession of a firearm during the commission of a felony to be quickly released back into the community undermines the public faith in the criminal justice system and creates a climate of fear and intimidation. This proposed amendment would deny individuals who have demonstrated a willingness to use a gun in the commission of crimes against their fellow citizens an opportunity to commit additional offenses while awaiting adjudication on their pending charges.
Sponsored bills
This Senate Concurrent Resolution proclaims the month of October 2023 as “Depression Awareness Month” in the State of Delaware.
This concurrent resolution recognizes the month of June 2023 as Caribbean American Heritage Month in the State of Delaware.
This bill modernizes the First State Quality Improvement Fund (FSQIF) Act, using language from the field of continuous improvement and operational excellence to align with current industry accepted practices. This bill provides improved accountability for the management of FSQIF training programs with the inclusion of the Government Efficiency and Accountability Review (GEAR) program team in partnership with the Department of Human Resources in establishing and maintaining rules and regulations for the use of the fund. This bill also establishes a data driven mechanism to allow the Joint Finance Committee to measure the return on investment of the fund on an annual basis.
This Concurrent Resolution encourages institutions, agencies, entities, and businesses that operate within Delaware, to purchase Delaware-grown food and value-added items. The Resolution also directs the Delaware Council on Farm and Food Policy to work with state agencies, higher education institutions, and other partners to prepare a report outlining current local procurement efforts to support a locally sourced food economy in Delaware, and to submit the report to the Governor and the members of the General Assembly by June 30, 2024. In addition, any updates on efforts must be submitted by December 31, 2024.
This bill allows pensioners to earn $50,000 (instead of $40,000) before incurring a $1.00 deduction to their state pension for every $2.00 earned over that amount.
This resolution recognizes June 2023 as Alzheimer's and Brain Awareness Month and urges all Delawareans to wear purple to help spread awareness of Alzheimer's and all other dementia.
This Senate Concurrent Resolution proclaims Friday, October 6, 2023, as “National Coaches Day” in the State of Delaware
This resolution requests the Office of Management and Budget to conduct an assessment of using State surplus real property for the development of affordable housing.
This Act is a substitute for House Bill No. 224. Like House Bill No. 224, this Act narrows the meaning of “firearm” for purposes of the Delaware Criminal Code by more closely aligning the definition of “firearm” with the definition in the federal criminal background check law. The reference to a BB gun is no longer necessary because a BB gun does not use an explosive force to propel a projectile. “Firearm” was defined in the Criminal Code for the first time in 1983 by Senate Bill No. 13, as amended, 132nd General Assembly, 64 Del. Laws, c. 17 (“Senate Bill No. 13”). Senate Bill No. 13 defined “firearm” to include “any weapon from which a shot, projectile or other object may be discharged by force of combustion, explosive, gas and/or mechanical means, whether operable or inoperable. It does not include a BB gun.” This definition is the same as the definition for “firearm” in the Delaware Criminal Code today. During the Senate floor debate on Senate Bill No. 13, Senator Berndt noted the expansive nature of the definition due to the inclusion of “by . . . mechanical means,” which he noted meant that the definition would include cross bows and slingshots. Because of Senate Bill No. 13’s placement of “firearm” in the general definition section for the Delaware Criminal Code, the definition applies throughout the Delaware Criminal Code. When the Delaware Criminal Code was adopted in 1972 there were 9 uses of “firearm” in the Delaware Criminal Code. Today, there are 194 uses of “firearm” in the Delaware Criminal Code (Part I of Title 11). As the number of uses of “firearm” has increased, it has done so with the definition of “firearm” as a backdrop, meaning that these new uses have intentionally or unintentionally adopted the definition of “firearm.” Research reveals no other state with a similar definition of “firearm” in its laws. While at least 2 states had previously had a similar definition, those definitions were removed by their legislatures in 2015. In 1 of those states, Michigan, legislative history indicates the definition was changed as part of the state’s efforts to align its definitions of firearms with the definition found in federal law governing the National Instant Criminal Background Check System (NICS), the system through which criminal history checks are performed. For purposes of NICS, firearm is defined to mean as follows: “(A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.” See 18 U.S.C. 921(a)(3). This Act differs from House Bill No. 224 in that it makes additional changes to the definition of “firearm” to further align it with the definition of “firearm” used in the federal criminal background check law, by doing the following: (1) Using “means” instead of “includes”. (2) Including that a weapon is a firearm if it may readily be converted to discharge a shot by an explosive force. (3) Adding frame or receiver of a firearm.