This Act increases the penalties for certain offenses involving deadly weapons as follows: 1. For possession of a deadly weapon during the commission of a felony, from 2 to 5 years. 2. For possession of a firearm during the commission of a felony, generally, from 3 to 6 years. 3. For possession of a firearm during the commission of a felony, if the defendant has been convicted of 2 or more prior felonies, from 5 to 10 years. 4. For possession of a firearm or destructive weapon by a person prohibited who has been convicted of a violent felony, from 3 to 6 years. 5. For possession of a firearm or destructive weapon by a person prohibited who engages in the possession within 10 years of the conviction of a violent felony, from 5 to 10 years. 6. For possession of a firearm or destructive weapon by a person prohibited who has been convicted of 2 or more violent felonies, from 10 to 12 years. 7. For possession of a firearm by a person prohibited who negligently causes serious physical injury or death of another person through the use of the firearm, from 4 to 7 years. 8. For possession of a firearm by a person prohibited who negligently causes serious physical injury or death of another person through the use of the firearm and does so within 10 years of a conviction of a violent felony, from 6 to 12 years. 9. For possession of a firearm by a person prohibited who negligently causes serious physical injury or death of another person through the use of the firearm and has been convicted of 2 or more violent felonies, from 10 to 20 years. This Act increases the class of felony assigned to possession of a deadly weapon by a person prohibited under § 1448(e) of Title 11 to insure that the minimum sentence required by this Act does not exceed the maximum sentence for the class of felony assigned to the crime.
Sen. Nicole Poore
Sponsored bills
This resolution proclaims May 8, 2018 as DACRO Day in Delaware.
This concurrent resolution thanks the Career and Technical Student Organizations for their presentation of geraniums. This concurrent resolution also extends the General Assembly's best wished for continued success to these exemplary students.
This bill sets the standards by which certain contractors and subcontractors are required, independently or through agreement with other organizations, to provide craft training for journeyman and apprentice levels through a bona fide program approved by and registered with the State of Delaware or the United States Department of Labor for projects in which workers shall be paid the prevailing wage under § 6960 of Title 29.
This bill amends the Charter of the City of Delaware City. Section 1 changes the maximum repayment term from ten (10) to twenty (20) years for the financing of a capital asset. This change allows for a greater range of borrowing term options for the City’s consideration. Section 2 changes the responsibilities and duties of the City Secretary. Section 3 changes the responsibilities and duties of the City Treasurer. The changes in Sections 2 and 3 allow for improved transparency and separation of duties within the City’s government.
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.
This Senate Resolution honors the St. Elizabeth High School Vikings Boys Varsity Basketball Team on their victory in the 2018 Delaware State Basketball Championship, a first for the school.
This bill establishes a 20 year retirement for correction officers and specified peace officers within the State Employees’ Pension plan. The bill amends the multiplier prospectively for the calculation of pension benefits for correction officers and specified peace officers. For service prior to January 1, 2018 the multipliers of either 1.85%, 2.0% or 2.45% would continue to be in effect and then for years of service after January 1, 2018 a uniform multiplier of 2.5% for the first 20 years, plus 3.5% for years beyond 20 years. In addition, this bill amends the employee contribution for all correction officers and specified peace officers to a uniform 7%.
This resolution recognizes April 19, 2018, as The League of Local Government Day in Delaware.