This Act is the first leg of a constitutional amendment that would ensure that legislative business is conducted at a reasonable time during a special session to enable the public to monitor and participate in the legislative process. Specifically, this Act: (1) Prohibits the regular session of the General Assembly from extending beyond 7:00 p.m. on the last day of June, unless the session is recalled by the Governor or the presiding officers of both Houses. This changes the time beyond which a regular session of the General Assembly may not extend from midnight on June 30 to 7:00 p.m., which changes the time at which the presiding officers of both Houses must act to recall the General Assembly into special session. This change negates the Supreme Court’s ruling in Opinion of the Justices, 405 A.2d 694 (Del. 1979), that “the General Assembly, by operation of law, is required to stop its session at midnight of June 30th annually and it cannot continue by Legislative initiative unless ‘the session is recalled by . . . the mutual call of the presiding officers of both Houses.’” (2) Requires that a session of a special session adjourn or recess to the call of the chair not later than 11:59 p.m. on June 30, unless otherwise provided by a resolution passed by a 2/3 vote of all members elected to both Houses. (3) Prohibits a session of a special session from being called to order before 9:00 a.m. on any other calendar day or being adjourned or recessed to the call of the chair later than 9:00 p.m. on any other calendar day, unless otherwise provided by a resolution passed by a 2/3 vote of all members elected to both Houses. This Act does not change the date of or process for “final adjournment,” as defined in Opinion of the Justices, 175 A.2d 543, 545 (Del. 1961) (“‘[F]inal adjournment’ . . . means the adjournment sine die of the second regular session, or, in the absence of such adjournment, the extinguishment of the particular General Assembly by reason of expiration of the terms of office of the members.”). In addition, this Act contemplates that the General Assembly will continue its traditional practice of recessing to the call of the chair to enter a temporary recess of a special session, from which a presiding officer may then recall the officer’s House at that officer’s pleasure.
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The Act protects the life of the unborn child at a time when the potential for the child to survive outside the womb increases, especially with the advancement of medical procedures. Specifically, this Act repeals the current sections of the Delaware Code relating to termination of human pregnancy and enacts The Pain-Capable Unborn Child Protection Act. Substantial medical evidence exists that an unborn child is capable of experiencing pain by 20 weeks after fertilization. As set forth in this Act, the General Assembly has the constitutional authority to make this judgment under decisions by the U.S. Supreme Court decisions. In enacting The Pain-Capable Unborn Child Protection Act, Delaware is not asking the U.S. Supreme Court to overturn or replace the holding in Roe v. Wade. Rather, it asserts a separate and independent compelling state interest in unborn human life that exists once the unborn child is capable of experiencing pain.
This bill adds the Department of Correction, Bureau of Prisons and Bureau of Community Corrections' vehicles to the list of "authorized emergency vehicles" identified in Chapter 41 of Title 21 that are afforded certain privileges when responding to an emergency.
This bill requires notification by certified mail when an owner's outstanding fines, penalties, and administrative fees exceed $500 and when the owner is subject to enhanced penalties. Notification as to the possible enhanced penalties is required in the certified mail.
The language set forth in this statute would remove barriers for inmates who are students with disabilities and who have an Individualized Education Program (IEP) under state and federal law, when being considered for parole or a sentence modification. Requiring an inmate with an IEP to complete a GED or State of Delaware High School Diploma is counter-productive to the treatment and programming of this segment of the prison population and prohibits them from seeking the same benefits of parole or sentence modification afforded to those inmates who do not have an IEP. This amendment to the law allows an inmate the opportunity to earn a State of Delaware Diploma of Alternate Achievement Standards upon successful completion of the inmate's IEP.
Designating February 6, 2019 as "Ronald Reagan Day" in Delaware.
This Act requires a physician to offer a patient ultrasound imaging and auscultation of fetal heart tone services before terminating a pregnancy and provides civil and criminal penalties for the failure of a physician to comply with this requirement. The patient is free to choose not to view the ultrasound or listen to the heartbeat. This Act is known as "The Woman's Ultrasound Right to Know Act."
This Act requires a physician to offer a patient ultrasound imaging and auscultation of fetal heart tone services before terminating a pregnancy and provides civil and criminal penalties for the failure of a physician to comply with this requirement. The patient is free to choose not to view the ultrasound or listen to the heartbeat. This Act is known as "The Woman's Ultrasound Right to Know Act."
The Act protects the life of the unborn child at a time when the potential for the child to survive outside the womb increases, especially with the advancement of medical procedures. Specifically, this Act repeals the current sections of the Delaware Code relating to termination of human pregnancy and enacts The Pain-Capable Unborn Child Protection Act. Substantial medical evidence exists that an unborn child is capable of experiencing pain by 20 weeks after fertilization. As set forth in this Act, the General Assembly has the constitutional authority to make this judgment under decisions by the U.S. Supreme Court decisions. In enacting The Pain-Capable Unborn Child Protection Act, Delaware is not asking the U.S. Supreme Court to overturn or replace the holding in Roe v. Wade. Rather, it asserts a separate and independent compelling state interest in unborn human life that exists once the unborn child is capable of experiencing pain.
This Concurrent Resolution recognizes January 9, 2019, as Law Enforcement Appreciation Day in Delaware.