Most commonly, persons accused of subsection (a) of this section – panhandling – are homeless. Transferring such matters to the Court of Common Pleas allows persons so accused increased access to social services not available to them at the Justice of the Peace Court.
This Act creates a $250 tax credit applicable to individual personal income taxes for certain lower income, working poor, individuals. In the case of spouses filing a joint return, the tax credit is $500. If spouses file their Delaware taxes separately, each spouse with the required income will be entitled to a $250 tax credit. Section 2 of this Act makes the change effective for the tax year in which the Secretary of Finance provides the Registrar of Regulations with notice that the personal income tax release of the Integrated Revenue Administration System is implemented. This delay in effective date is necessary to ensure that tax law changes can be properly and efficiently implemented in the Division of Revenue's modernized Integrated Revenue Administration System, which is currently under development.
In 2009, New Hampshire was the first state to develop a statewide “Gun Shop Project,” reaching out to gun shops regarding the role they can play in suicide prevention. In the years since, at least 21 other states have implemented similar campaigns. This Act establishes the Delaware Gun Shop Project. The Gun Shop Project’s primary purpose is to develop, create, and provide suicide prevention education materials and training, to be made available for licensed deadly weapons dealers and consumers in Delaware The Delaware Suicide Prevention Coalition will oversee the Gun Shop Project and include the Gun Shop Project’s annual report in the Coalition’s annual report. The Division of Substance Abuse and Mental Health, which staffs the Coalition, will staff the Gun Shop Project. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This act will be known as the Egregious Crimes Accountability 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 recognizes developing trends in death penalty jurisprudence and the American Bar Association's Resolution 122A (2006), of August 8, 2006, by prohibiting the imposition of the death penalty upon a person who has been found "guilty, but mentally ill", as defined by Title 11 § 401. This Act also limits the statutory aggravating circumstances to four aggravating circumstances: 1. Mass Murder: The defendant’s course of conduct resulted in the deaths of 3 or more persons where the deaths occurred in a place of public use and the deaths are the probable consequence of the defendant’s conduct. The threshold number of 3 deaths is consistent with the federal definition. 28 U.S.C. § 530C. 2. Repeat Offender: The defendant was previously convicted of another murder. 3. Horribly Inhumane: The murder was outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind, use of an explosive device, weapon of mass destruction, or poison or the defendant used such means on the victim prior to murdering the victim. 4. Hate Crimes: The murder was committed for the purpose of committing a hate crime. Hate crime is defined in Title 11, § 1304.
In an effort to ensure the safety and wellbeing of dogs, this legislation improves shelter and tether standards in hazardous weather conditions, including clarifying restrictions on outdoor housing and tethering for dogs during hazardous weather conditions that pose a serious adverse risk to the health and safety of dogs. This bill also aims to improve public safety by prohibiting dogs from running at-large without a leash in public outdoor settings, with the exception of working dogs and permits dogs off leash on private property or where property owner has given the dog owner permission.
This Act prohibits a seller from refusing to accept cash from a consumer making an in-person purchase of a good or service.
On November 3, 2015, the United States Centers for Disease Control and Prevention (CDC) published a report titled "Elevated Rates of Urban Firearm Violence and Opportunities for Prevention – Wilmington, Delaware" in which the CDC made 2 major recommendations: (1) the creation and adoption of a robust risk assessment tool and (2) an integrated, statewide data collection system. To date, no meaningful action has been taken at any level to implement the CDC's recommendations. This Act adopts the CDC's recommendations and directs the pertinent State agencies to implement these recommendations.
This Act revises the Charter of Greenwood as follows: Section 1. Revises the procedures used by the Town to annex property. Section 2. Authorizes the Town to cancel Town Council meetings and authorizes the use of electronic communication methods to notify council members of special meetings. Section 3. Clarifies that a majority vote is needed for the Town Council to take action. Quorum is calculated based on a majority of all the sitting council members, exclusive of any vacant council seats. Section 4. Clarifies that the Town documents its proceedings via meeting minutes. Section 5. Sets $50,000 as the maximum contract amount that the Town can enter into without public bidding and clarifies the Town’s procedures for evaluating bids and awarding contracts. Section 6. Specifies that the Mayor may vote on all matters, not just when there is a tie vote, revises the Mayor’s duties, and establishes procedures for appointing individuals to committees. Section 7. Updates the duties of the Town Council Secretary. Section 8. Revises the terms of employment for the Town Manager and other employees. This section clarifies that town employees, except for the town manager and police department employees, are at will employees that are hired for an indefinite employment term. This section also eliminates duties of the Town Manager that are obsolete and clarifies that the Town Manager does not have to serve as the Town Treasurer. Section 9. Eliminates the need of the town solicitor to have an office in Sussex County. Section 10. Revises the terms of employment for the Chief of Police, including the possibility of the Chief of Police having an employment contact. Section 11. Updates the Town’s debt collection procedures to clarify the outstanding charges that can be added to tax bills and collected. This section also limits the maximum interest rate on delinquent amounts to 1.5% per month. Section 12. Eliminates duplicate language and requires the Town Council to adopt a resolution approving the final assessment list, including all additions to tax bills. This section also clarifies that the annual tax list includes additions to tax bills incorporated into the annual assessment list. Section 13. Authorizes the amount of outstanding debts to remain a lien against a property beyond the 10 year time limit if the property is still owned by the same owner against whom the charges were originally assessed. The section enlarges the time for paying taxes to 60 days and reduces the penalty for unpaid taxes to 1.5% per month. This section also clarifies the collection costs that can be recovered by the Town and eliminates obsolete collection procedures. Section 14. Eliminates the Town’s ability to regulate activities on the Sabbath Day and clarifies the Town’s ability to establish fines and penalties for outstanding water and sewer accounts. Section 15. Repeals existing procedures for opening and closing streets and enacts simpler procedures for the Town to follow. Section 16. Clarifies the Town’s ability to install new sidewalks. Section 17. Adds additional purposes for which the Town may borrow money and requires public hearing details to be included in a resolution proposing to borrow the money. This section also provides more detail on the procedures to follow when holding a special election to vote on the town borrowing money and creates procedures and authority for the Town to borrow up to $100,000 without going through the public hearing process. It also authorizes the Town to publish a notice of the borrowing that gives members of the public 60 days to challenge the borrowing. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
In 2014, the General Assembly created an ignition interlock device program under §§ 4177C and 4177G of Title 21 of the Delaware Code (“IID program”). The IID program provides individuals whose license or driving privileges have been revoked following a conviction for driving under the influence of alcohol or drugs the ability to drive during their revocation period while putting measures in place to protect the public. This Act closes a loophole in the IID program that allows a person to avoid installing an IID in certain circumstance and makes changes to §§ 4177C and 4177G to ensure the provisions are consistent and operate in harmony with each other. This Act also adds a provision clarifying the process for the reinstatement of an individual’s license or driving privileges after the individual has been disqualified from the IID program. Finally, this Act makes numerous technical corrections to conform existing law to the standards of the Delaware Legislation Drafting Manual, including to ensure consistency of language throughout the provisions included in this Act.
This bill permits the administrative transfer of cases from an alderman’s court or mayor’s court to the Justice of the Peace Court when such a transfer is in the interests of justice. This transferability may be used in cases where an alderman must recuse themselves pursuant to the Code of Judicial Conduct or where it is impracticable for the case to be heard in alderman’s court. A transfer to the Justice of the Peace Court ensures that the receiving court is well prepared to handle the case due to the similarities in jurisdiction.
