This Act authorizes Legislative Council to determine the compensation to be paid to the Delaware Code Revisors.
This bill permanently removes the sunset provision of House Bill 1 to allow food and drink establishments who suffered great losses since March, 2020 due to the pandemic to continue to sell alcoholic beverages in transactions for take-out, curbside, or drive-through service and to use outdoor seating for serving of food and drinks so long as the licensee satisfies certain conditions. This bill also permanently provides the Commissioner the authority to temporarily suspend a license only if the Commissioner has reasonable grounds to believe that public's safety is at risk and there has been a violation of the law, and to hold hearings by electronic, telephonic, or remote means.
While Delaware has, for the most part, escaped the extreme actions of mobs experienced elsewhere, and enjoyed the benefits of mostly peaceful exercise of First Amendment rights by people seriously expressing a perceived need for change, other jurisdictions have been faced with situations where a lack of sufficient legal tools have impeded the ability of authorities to adequately protect both public and private property as well as the lives of the innocent. This Act is one of 4 Acts designed to address those weaknesses and to ensure that should they be needed, Delawareans will be properly and appropriately protected. The Acts provide the courts, law enforcement, and prosecutors with additional tools with which to deal with destructive and dangerous conduct during times of civil disorder. Specifically, this Act creates the crime of riotous destruction of a public monument.
While Delaware has, for the most part, escaped the extreme actions of mobs experienced elsewhere, and enjoyed the benefits of mostly peaceful exercise of First Amendment rights by people seriously expressing a perceived need for change, other jurisdictions have been faced with situations where a lack of sufficient legal tools have impeded the ability of authorities to adequately protect both public and private property as well as the lives of the innocent. This Act is one of 4 Acts designed to address those weaknesses and to ensure that should they be needed, Delawareans will be properly and appropriately protected. The Acts provide the courts, law enforcement, and prosecutors with additional tools with which to deal with destructive and dangerous conduct during times of civil disorder. Specifically, this Act creates the crime of looting, which is classified as a class C felony.
While Delaware has, for the most part, escaped the extreme actions of mobs experienced elsewhere, and enjoyed the benefits of mostly peaceful exercise of First Amendment rights by people seriously expressing a perceived need for change, other jurisdictions have been faced with situations where a lack of sufficient legal tools have impeded the ability of authorities to adequately protect both public and private property as well as the lives of the innocent. This Act is one of 4 Acts designed to address those weaknesses and to ensure that should they be needed, Delawareans will be properly and appropriately protected. The Acts provide the courts, law enforcement, and prosecutors with additional tools with which to deal with destructive and dangerous conduct during times of civil disorder. Specifically, this Act creates the crime of riotous burning, which is a class B felony, unless another individual is injured as a result of the riotous burning, in which case it is a class A felony.
While Delaware has, for the most part, escaped the extreme actions of mobs experienced elsewhere, and enjoyed the benefits of mostly peaceful exercise of First Amendment rights by people seriously expressing a perceived need for change, other jurisdictions have been faced with situations where a lack of sufficient legal tools have impeded the ability of authorities to adequately protect both public and private property as well as the lives of the innocent. This Act is one of 4 Acts designed to address those weaknesses and to ensure that should they be needed, Delawareans will be properly and appropriately protected. The Acts provide the courts, law enforcement, and prosecutors with additional tools with which to deal with destructive and dangerous conduct during times of civil disorder. Specifically, this Act enhances the existing law by making it a crime to do the following: (1) Unlawfully manufacture, transfer, or possess, during a civil disorder event, a bomb, incendiary device, Molotov cocktail, or device designed to explode or produce uncontained combustion. (2) Throw, launch, or otherwise use an ignited or otherwise activated bomb, incendiary device, Molotov cocktail, or device designed to explode or produce uncontained combustion during a civil disorder event. (3) Throw, launch, or otherwise use an ignited or otherwise activated bomb, incendiary device, Molotov cocktail, or device designed to explode or produce uncontained combustion during a civil disorder event and injure another person. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This bill allows liquor stores, farm wineries, brewery-pubs, microbreweries, craft distilleries, and wine auctions to provide curbside service for the sale of alcohol, but makes clear that all sales must comply with all of the regulatory provisions of Chapter 7 of Title 4, including the prohibition against sales to intoxicated persons and persons under 21 years of age.
This Act amends the Department of Services for Children, Youth & Their Families (“DSCYF”) required drug testing statute to gain parity in pre-employment drug testing procedures across state agencies that provide services for children and secure care for children or adults. Secure care positions in the Department of Correction, Delaware Psychiatric Center, and DSCYF’s Prevention and Behavioral Health and Youth Rehabilitative Services facilities are historically hard to fill. Because of the sensitive nature of these positions, there is a thorough application and vetting process for applicants, the last steps of which are the pre-employment background checks and drug testing. Despite numerous ongoing efforts to recruit and retain applicants for these positions within DSCYF’s facilities, interested applicants often choose to abandon the lengthy application process in favor of opportunities for faster hiring processes at large employers located nearby. Currently, the statute allows DSCYF to make a conditional offer of employment to an applicant who has submitted to the required pre-employment drug testing. This Act would allow DSCYF to conditionally hire an applicant and begin training the person after they have provided proof that they have submitted to the required drug testing. This ability is in line with § 5139 of Title 16 of the Delaware Code, which allows the Delaware Psychiatric Center to conditionally hire an applicant “to maintain an appropriate level of patient care,” and § 8922 of Title 29 of the Delaware Code, which simply states that the Department of Correction must test “all security sensitive applicants and applicant employees.” This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act provides for a Deputy Controller General who is authorized to serve as the Acting Controller General if the Controller General dies, resigns, is removed, or is temporarily incapacitated. This Act codifies the Controller General’s responsibility for staffing the Joint Committee on Capital Improvement and preparing fiscal projections and fee impact statements. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Concurrent Resolution urges the Secretary of the Navy to designate Philadelphia and both banks of the Delaware River as the site of the main celebration of the 250th birthdays of the United States Navy and United States Marine Corps in October and November 2025.
