Rep. Rae Moore

This Act expands eligibility for mandatory expungement of adult and juvenile cases by doing all of the following: 1. Aligns eligibility for juvenile expungement so that all cases eligible for adult expungement are eligible for juvenile expungement. 2. Allows all cases terminated in favor of the accused and cases for underage possession or consumption of alcohol under § 904(e) or (f) of Title 4, possession of marijuana under § 4764 of Title 16, or possession of drug paraphernalia under § 4771 of Title 16 to be expunged, regardless of prior or subsequent adjudications or convictions. 3. Repeals § 4764(j) of Title 16 because this Act makes cases for marijuana possession eligible for mandatory expungement under § 1017 of Title 10 and § 4374 of Title 11. 4. If a person has no prior or subsequent convictions, makes a case for drug possession under § 4756 of Title 16 eligible for mandatory expungement 5 years after conviction. Juvenile adjudications of delinquency for drug possession under § 4756 of Title 16 are already eligible for mandatory expungement so no corresponding change is necessary to § 1017 of Title 10. 5. If a person has no prior or subsequent convictions, makes additional felony convictions eligible for mandatory expungement 10 years after conviction. Juvenile adjudications of delinquency for these felonies are already eligible for mandatory expungement so no corresponding change is necessary to § 1017 of Title 10. 6. Applies existing exceptions for eligibility for mandatory expungement because of the status of the victim to the offenses that become eligible under this Act. 7. Makes corresponding changes to other expungement sections in Title 10. This Act adds a misdemeanor conviction for official misconduct to the offenses that are ineligible for mandatory expungement under § 4373(b) of Title 11. This Act does not make any offenses that are currently ineligible for mandatory expungement under § 4373(b) of Title 11 eligible for mandatory expungement. This Act takes effect on January 1, 2022. Section 10 of this Act aligns this Act with the changes to § 4373 of Title 11 if Senate Substitute No. 1 for Senate Bill No. 38 is also enacted into law in 2021. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act creates an automatic expungement process for adult and juvenile charges that are eligible for mandatory expungement because under the petition-based system, only a small fraction of people eligible for expungement ever obtain this important relief. Under this Act, the State Bureau of Identification must identify and expunge cases eligible for automatic mandatory expungement on a monthly basis. This Act is effective immediately and will be implemented on August 1, 2024. Implementing the automatic expungement process requires coordination between different courts and state agencies. This Act is known as “The Clean Slate Act”. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This bill prohibits law-enforcement agencies from releasing or publishing or causing to be released or published the name of any juvenile or any image depicting a juvenile, including displaying such image on any publicly maintained social media page or website, unless the juvenile is charged with a violent felony, and release or publication of the photograph is necessary to protect the public’s safety.

This Concurrent Resolution requests an advisory opinion of the Justices of the Delaware Supreme Court regarding the proper construction of § 13 of Article III of the Delaware Constitution. This Resolution also tasks the Judiciary Committee of the House and Senate who shall meet jointly on or before December 17, 2021 to determine the process to be used to decide if reasonable cause exists for the removal of an elected official pursuant to § 13 of Article III of the Delaware Constitution.

This Act establishes Juneteenth as a State holiday. Juneteenth commemorates the emancipation of the last enslaved African Americans in the United States. The Act adds Juneteenth as a legal holiday and reduces the number of floating holidays from 2 to 1. The two floating holidays were created by the 145th General Assembly as replacements for Presidents Day and Columbus Day. This Act replaces the floating holiday that replaced Columbus Day with a legal holiday to celebrate Juneteenth. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act permits a candidate committee established by a candidate for public office to pay reasonable and necessary expenses for the care of a candidate’s child or children when care is necessary in connection with the candidate’s campaign activities. This Act also makes changes to the current law to make it consistent with the Legislative Drafting Manual.

This Act is a substitute for Senate Bill No. 82. Like Senate Bill 82, this Substitute does all of the following: (1) Codifies the Department of Education’s (“Department”) current efforts to establish a uniform public school registration process and requires that, beginning with the 2023 through 2024 school year, all public schools shall use the uniform public school registration process. This registration process will simplify the process for families, enable public schools to engage with families and plan in advance of the school year, and integrate data systems to eliminate duplication of effort. (2) Requires the uniform public school registration process to be Internet-based and in paper form and in English and Spanish and may be in other languages. This Act also requires that certain information must be provided in the process and that the Internet-based uniform public school registration process must include certain features. (3)Requires the Department to provide training to certain school district and charter school employees regarding the uniform public school registration process and issue guidelines for privacy of information submitted as part of the registration process. (4) Requires the Department to report to the Governor and General Assembly, no later than March 14, 2022, on the Department’s ability to connect the Internet-based uniform public school registration process to other Internet-based systems that are used to collect student data by the State; the Department; a licensed child care provider, including Head Start; or a public school serving preschool through age 21. This Substitute differs from Senate Bill No. 82 by doing all of the following: (1) Clarifying that a student must be registered in the student’s school district of residence before being eligible for the school choice process. (2) Requiring a public school be certified as completing training from the Department on the uniform public school registration process before providing paper forms as part of the in-person registration process. (3) Requiring the Department to provide uniform information about the uniform public school registration process to public schools and requiring the public schools to post the information on the school’s website and in other publications. (4) Requiring a public school to provide a parent with certain information after the parent completes the registration process, including the public school and school in which the child is enrolled.

This Act requires that individual, group, State employee, and public assistance insurance plans provide coverage for a medically necessary insulin pump at no cost to a covered individual.

This Act allows pharmacists to administer or dispense contraceptives under a standing order from the Division of Public Health. At least 11 states, the District of Columbia, and the U.S. Virgin Islands allow pharmacists to dispense contraceptives without a prescription from another health-care practitioner. This practice is supported by the American College of Obstetricians and Gynecologists. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

The purpose of this act is to open up The Delaware Student Excellence Equals Degree Act (SEED Act) to adult Delaware residents, who are not recent high school graduates. Currently, about 56% of Delawareans age 25-64 lack a post-secondary degree. This expansion of the SEED grant program will encourage adult learners to return to school to enhance their knowledge and skills and increase their job opportunities. Adult individuals with a high school diploma or less education were significantly impacted by Covid-19-related job loss. This legislation can help to mitigate the effects of the pandemic on those adults. Tennessee has instituted a similar program called the Tennessee Reconnect Act.