The United States Supreme Court’s decisions in Roe v. Wade and subsequent cases established that access to abortion is a constitutional right and that states may not prohibit abortion prior to viability. As a result of these decisions, and the exercise of prosecutorial discretion by the Attorney General, see Del. Op. Att’y Gen. No. 73-030, § III (Apr. 12, 1973), the Delaware Code's prohibitions against abortion are unconstitutional, and thus unenforceable. This Substitute makes Delaware’s laws on abortion consistent with the scope of the right protected by the United States Constitution and the practice in Delaware for the past 43 years. In doing so, this Act permits the termination of a pregnancy prior to viability, to protect the life or health of the mother, or in the event of serious fetal anomaly. This Substitute differs from Senate Bill No. 5 as follows: (1) It clarifies lines 31 through 34 related to fetal anomalies. (2) It notes, on lines 79 through 81, that informed consent for a procedure under this subchapter is required by § 4408-1.0 through 10.0, Title 16 of the Delaware Administrative Code. (3) It makes clear that nothing in this Substitute is to be construed to affect the continued effectiveness of the Parental Notice of Abortion Act, Subchapter VIII of Chapter 17 of Title 24 of the Delaware Code.
Sponsored bills
This bill vests the authority for regulating seed in Delaware with the Delaware Department of Agriculture and repeals any inconsistent act or parts of acts.
This Act is the first leg of an amendment to the Delaware Constitution to provide for equal protection. This amendment would advance human dignity and equality for all under the Delaware Constitution, and would correct a constitutional shortcoming. It subjects unequal treatment based on discrimination to strict scrutiny, and enables courts in Delaware to establish jurisprudence concerning equal rights violations under State law reflecting Delaware values. Currently, while the federal and many state constitutions afford equal protection, Delaware’s constitution fails to do so.
This bill creates a special license plate for emergency medical services professionals.
This Act would enhance the ability of the prescription monitoring program to make informed determinations as to prescribers who may be making extraordinary prescriptions of opiates or other controlled substances, and to refer such cases to law enforcement or professional licensing organizations for further review. The Act would also provide a more usable standard for provision of specified information to law enforcement agencies upon a showing of need.
This Act creates the Delaware African and Caribbean Affairs Commission.
Recognizing that a criminal charge can have lasting collateral consequences for a juvenile on employment and education opportunities, this bill raises the age in which a juvenile’s information, such as their name and mug shot, may be released by the state. The bill also seeks to address issues related to the release of such information on publicly-maintained social media pages. This bill seeks to balance both the rights of juveniles and the public’s right to know by saying that the names and photos of juveniles who have been charged and/or found delinquent of Class A misdemeanors, and Title 11 felonies, may only be released when the offending juvenile is 16 or older. This legislation also adds clarifying language to prevent the inadvertent release of sensitive information online that could have lasting impacts on a juvenile long after they have been charged, and in some cases, acquitted, of a crime.
This act will be known as the Extreme Crimes Protection Act. This Act revises Delaware's death penalty statute to ensure its compliance with the United States Constitution, as interpreted by the United State Supreme Court in Hurst v. Florida, and by the Delaware Supreme Court in Rauf v. State. In accord with those cases, this Act will require that before a death sentence can be imposed, a jury (unless the Defendant waives their right to one) must first determine unanimously and beyond a reasonable doubt: that at least 1 statutory aggravating circumstance exists; which (if any) statutory and non-statutory aggravating circumstances alleged by the State exist; and whether all of the aggravating circumstances found to exist outweigh all of the mitigating circumstances found to exist. This Act also revises Delaware's death penalty statute to comply with the United State Supreme Court's holding in Hall v. Florida, interpreting standards set forth in Atkins v. Virginia. This Act adopts the term "intellectual disability" used by the United State Supreme Court.
This Act is the second leg of a constitutional amendment that would add the Chief Magistrate to the Court on the Judiciary. Like all judges within the state, the judges of the Justice of the Peace Court are subject to the jurisdiction of the Court on the Judiciary. This amendment makes it so that the presiding judge of each of the six state courts serves as a member.
This bill requires the Department of Transportation to provide the General Assembly with an annual report for community transportation fund expenditures.