Sen. Nicole Poore

This Act does all of the following: Requires a conviction before forfeiture. (plea of guilty or no contest, conviction, or dismissal because of completion of a diversion program all count) Puts the burden on the state to prove all facts by clear and convincing evidence. Requires the state to prove by clear and convincing evidence that a non-defendant owner knew about or consented to the unlawful activity before the property may be forfeit. Strikes the presumption that cash with trace amount of drugs on it is presumed to be drug proceeds. Strikes the presumption that money that is in proximity to controlled substances is drug proceeds. The state can still forfeit money if they have other evidence or circumstances that show it is drug proceeds. Prohibits the use of the civil asset forfeiture proceeding for cash in any amount less that $1,000. Changes the process so there is always a hearing before forfeiture. Under current law, there is only a hearing if an owner affirmatively requests one be held. Requires the court to conduct a proportionality analysis prior to ordering a forfeiture – i.e., is the value of the property sought to be forfeit in line with the gravity of the crime. Requires the State to pay reasonable attorney fees to a prevailing party in a forfeiture proceeding. Directs forfeiture proceeds into the General Fund, rather than SLEAF to eliminate the perception that law enforcement might pursue a forfeiture for personal gain. Retains SLEAF and the process of application and distribution, but only where the General Assembly funds it in the regular appropriations process. Makes changes to Title 11 provisions relating to vehicle forfeitures to align with the Title 16 process and the same new procedural protections. Prohibits directing seized property to federal agencies for forfeiture and equitable sharing except for currency in excess of $100,000. Requires the Attorney General to annualy compile and publish a report regarding the number and type of forfeiture cases, case outcomes, and demographic data on persons whose property is seized pursuant to civil forfeiture laws. Directs the Office of Defense Services to provide representation in forfeiture proceedings to a defendant they represent in a related criminal matter.

This Act requires all individual, blanket, and group health insurance policies to cover annual ovarian cancer screening tests for women at risk for ovarian cancer. It further expands the scope of monitoring tests available to women subsequent to ovarian cancer treatment.

This House Concurrent Resolution recognizes the month of March 2024 as “Multiple Sclerosis Month” in the State of Delaware.

This resolution recognizes the week of March 17 through March 23, 2024, as “National Agriculture Week” in Delaware

This Senate Concurrent Resolution recognizes the 100th anniversary of the establishment of diplomatic relations between the United States of America and Ireland.

This House Concurrent Resolution recognizes March 14, 2024 as “Be The One Day" in the State of Delaware.

This resolution designates the week of March 11 through March 15, 2024, as “Civic Learning Week” in the State of Delaware to encourage schools and civic organizations to hold educational programs regarding civic duty and urge Delawareans to reflect upon the importance of their civic duty and responsibilities.

This resolution recognizes March 7, 2024, as "Delaware Giving Day."

This Act authorizes the Office of the Child Advocate and Office of the Investigation Coordinator to provide child victim data and information to the Office of Investigative Services during presentence investigations of defendants convicted of felony child abuse, endangering the welfare of a child or death of a child.

This Act codifies that the Child Protection Accountability Commission, in conjunction with the Department of Services for Children, Youth, and their Families, is responsible for developing, maintaining, and conducting child abuse mandatory reporting, multidisciplinary response, and related trainings under this Chapter.