Rep. Debra Heffernan

Delaware’s existing Criminal Code was adopted in 1973 and was based on the Model Penal Code. Since that time, the Criminal Code has quadrupled in size and expanded to other parts of the Code without consideration to the general effects of the change on the Criminal Code’s overall structure, its terminology, or its application, creating numerous inconsistencies, redundancies, ambiguities and contradictions. This Act is one of two bills that seek to bring back clarity and consistency to the Criminal Code.

This Act prohibits marriage of individuals under 18 years of age.

This Act prohibits the manufacture, sale, purchase, transfer, or delivery of large-capacity magazines, which are defined as ammunition feeding devices with the capacity to accept more than 10 rounds. In acknowledgment that thousands of law-abiding Delawareans currently possess large-capacity magazines lawfully, this Act makes such possession unlawful only if it occurs in a public place while in possession of a firearm capable of accepting it. Possession of a large-capacity magazine in areas that are not public places remains legal and this Act permits the possession and use of large-capacity magazines at shooting ranges. A violation of this Act is a class A misdemeanor for a first offense and a class G felony for any subsequent offense.

Despite the demonstrated value of primary care, access to primary care for Delawareans has become increasingly difficult as reimbursement dollars have failed to support an adequate infrastructure. The national average for primary care investment for a plan is between 6 and 8% of the total medical spend. Delaware’s average is between 3 and 4%. Some states such as Rhode Island and Oregon have recognized that market forces have prohibited any one plan in a competitive market to reallocate its spend and have stepped in legislatively to move the market to a 12% spend across insurance products. This legislation ensures adequate spending in primary care. First, by setting Medicare rates as a baseline for primary care reimbursement. This is a short term fix to stem additional primary care failure and consolidation in Delaware. It also requires that over a period of years that the overall spend of plans into primary care increase gradually to reach the 12% investment mark, but without increasing the total spend so that premiums rise as a result of this reallocation. This legislation extends to individual, group, State employee, and public assistance plans.

This Act provides for a clear and established procedure and time frame during which public employees may revoke their membership in an employee organization. This Act allows public employers and employee organizations to manage membership status and authorizations in a manner that will meet public employee’s desires while not disrupting the public employer’s or employee organization’s operations. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This addition to Section 303 provides the Commission with the flexibility to consider and approve a low income residential utility rate or discount for qualified low income customers (those approved to participate in the Low Income Home Energy Assistance Program), provided that such rate may not provide a discount over 25% of the average customer class usage. This permits those customers to receive utility distribution services at a lower cost. In the case of Delmarva Power the discount is estimated to be no more than $10 -15 per month.

This Act removes the sunset provision contained in Volume 80, Chapter 412 of the Laws of Delaware (formerly House Bill No. 405, as amended, of the 148th General Assembly) that is set to expire the law on September 8, 2018. The purpose of Volume 80, Chapter 412 of the Laws of Delaware is to prevent first-time juvenile offenders charged with certain minor misdemeanors from entering into the juvenile criminal justice system by providing law enforcement with a civil citation procedure as an alternative to arrest.

This Act clarifies that the Public Advocate may appear before any federal or state court or federal or state administrative body in matters involving public utility rates, service, practices, and energy policy. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Substitute Act incorporates House Bill No. 302, and also makes the following changes to House Bill No. 302: (1) Creates a new § 5403 of Title 16, which permits a mental health service provider, institution, agency, or hospital to disclose confidential communications to a law enforcement if the mental health service provider, institution, agency, or hospital concludes that the patient is dangerous to self or dangerous to others. (2) Adds definitions for “dangerous to others” and “dangerous to self” that are based on the definition in § 5001 of Title 16, but expand the temporal imminence of the individual’s actions. (3) Permits a law-enforcement officer to obtain an order of relinquishment from the Justice of the Peace Court if the officer has probable cause to believe that an individual who is the subject of a report from a mental health provider under § 5402 or § 5403 of Title 16 is dangerous to others or self and in possession of firearms or ammunition. This process is an expedited process, akin to obtaining a search or arrest warrant. Under this process, if the Justice of the Peace Court finds probable cause, it must order the relinquishment of firearms to law enforcement and may prohibit the individual from residing with others who possess firearms and grant permission for law enforcement to search for and seize firearms. An order from the Justice of the Peace Court is good for 60 days. If the Department of Justice does not file a petition in Superior Court within 60 days, the Justice of the Peace Court’s order is void and law enforcement must return the firearms. (4) Makes clear that if the Department of Justice files a petition in Superior Court, the individual has the right to a hearing before an order of relinquishment may be granted by the Superior Court. (5) Makes clear that the Justice of the Peace Court and the Superior Court may, as part of an order of relinquishment, order an individual to not reside with an individual who owns, possesses, or controls firearms. However, the Courts may not impair or limit the right to keep and bear arms of an individual who is not subject to an order. (6) Adds consistent relinquishment provisions to Title 16 so that if the Superior Court finds probable cause for an involuntary commitment hearing or orders an individual to outpatient treatment, the Court must also order the individual to relinquish firearms or ammunition. It also makes clear that an individual subject to the order of relinquishment may seek relief from the Relief from Disabilities Board. (7) Makes technical changes to correct a designation in § 1448C of Title 11 and to add “, institution, agency, or hospital” to § 5402(a)(1) of Title 16.

This Act increases the eligibility for a child with a disability to be eligible for free appropriate public education from the end of the school year in which the child attains the age of 21 to the end of the school year in which the child attains the age of 22. This Act also makes a technical correction to conform existing law to the standards of the Delaware Legislative Drafting Manual.