Under current Delaware law, a minor cannot be guilty of the crime of prostitution under § 1342 of Title 11. This Act removes references to minors engaging in prostitution and being prostituted in favor of using the term "exploited" or “exploitation”, which is defined to mean acts by a minor that would constitute prostitution under § 1342(a) of Title 11 if that minor were 18 years old or older. This change is twofold. (1) It creates a separate term to refer to the exploitation of a minor since minors cannot be guilty of prostitution and prostitution is not otherwise defined outside of the offense in § 1342(a) of Title 11, which excludes minors; and (2) Recognizes a growing trend nationally and internationally to remove language that misleadingly implies that children are able to consent to, and participate in, prostitution. The Interagency Working Group on Sexual Exploitation of Children, comprised of representatives from the United Nations, INTERPOL, and organizations working to end the sexual exploitation of children, published a manual containing terminology guidelines for the protection of children from sexual exploitation and sexual abuse. While there is no single recommended term, attempts should be made to avoid stigmatizing a child and suggesting that the child had culpability in any acts undertaken. Sections 8 through 11 of this Act update internal references elsewhere in the Code to account for the addition of subsection designations in §§ 1352 and 1353. Sections 12 through 13 of this Act add the definition of “illicit massage establishment” from House Bill 409 and update it to account for the change in terminology that this Act makes. This addition of and update to the definition of “illicit massage establishment” only occurs if House Bill No. 409 is enacted. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
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This Act removes the requirement that the counties each establish a Farmland Preservation Advisory Board. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act creates a presumption that parents are not liable for the care, maintenance, and support of children committed to DSCYF, or admitted to a service provided by DSCYF. The Family Court may order child support payments only if child support will not pose a barrier to parent reunification.
Maddy summaryHB 365 creates a new Delaware Indigenous Affairs Commission to represent and support the state's Indigenous population. The bill amends state laws to formally establish this commission, which will serve as an official body to advance the interests of Native Americans in Delaware. Following committee review, the legislation was reported favorably by four members and unfavorably by one, indicating ongoing evaluation before final passage.
This Act provides that the Director of the Office of Management and Budget must designate 1 or more reserved parking spaces for a veteran at certain designated state buildings and facilities. It also prohibits stopping, standing, or parking in the veteran’s space. Violations of this Act are exempted from the civil penalty for parking violations that exists in Title 21. This Act takes effect 6 months after its enactment into law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act provides a roadmap via an observational study on a small but representative group of diabetic patients to change standard healthcare from current reactive “sick care” to proactive “well care”. This will be accomplished by using a Delaware health system combined with a technology partner to regularly test, measure and manage, and incentivize diabetic patients and their providers to improve the health outcomes for Delawareans and drive down healthcare costs. The length of the observational study will be 3 years. During that time, data analysis will track results to determine if this Pilot Program shall be renewed and expanded. This Act requires no fiscal note in that this Pilot Program is to be federally funded through the Federal Rural Health Transformation Program.
This Act is the first leg of an amendment to the Delaware Constitution establishing that the right to marry is a fundamental right that may not be denied or abridged on the basis of gender or any basis protected under Art. 1, § 21 of the Delaware Constitution, which provides equal protection under the law on account of race, color, national origin, and sex. Under this Act, all marriages that are legally valid under the laws of this State must be treated equally, including under all laws that are applicable to marriage, married spouses, or the children of married spouses. This Act also clarifies that the right to marry does not infringe upon the right to freedom of religion under Art. 1, § 1 of the Delaware Constitution. Like Senate Substitute No. 1 for Senate Bill No. 100, Senate Substitute No. 2 for Senate Bill No. 100 differs from Senate Bill No. 100 by explicitly connecting the right to marry with the equality of rights provided under Art. 1, § 21 of the Delaware Constitution on the basis of race, color, national origin, or sex. In addition, Senate Substitute No. 2 for Senate Bill No. 100 differs from Senate Bill No. 100 as follows: • Clarifies that the right to marry applies to marriages that are legally valid under the laws of this State. • Clarifies that treating all legally valid marriages equally means that all laws of this State that are applicable to marriage, married spouses, or the children of married spouses apply equally to marriages that are legally valid under the laws of this State. • Removes the need for gender-specific provisions by including gender in the first sentence. • Revises the language clarifying that the right to marry does not infringe on the right to freedom of religion under Art. 1, § 1 of the Delaware Constitution to apply to the entire section and to remove the example. Amending the Delaware Constitution requires not only the passing of the changes in this Act but also passage of the same changes after the next general election by the next General Assembly. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution.
This Act establishes the Office of New Americans to help improve the lives and economic prosperity of new Americans who come to Delaware and of all Delawareans generally.
Currently, even when a defendant or individual obviously does not have the means to pay a financial penalty or fee, Delaware Courts are unable to waive certain mandatory minimum fines or fees at sentencing. This can create a constitutional crossroads, as our justice system has long recognized that the Fourteen Amendment prohibits “punishing a person for his poverty.” Bearden v. Georgia, 461 U.S. 660, 671 (1983). This Act gives courts the discretion to waive fines and fees, in whole or in part, in appropriate circumstances. It also creates a presumption that fines and fees will not be imposed when a defendant shows evidence of certain conditions, including receiving a public assistance benefit (like Medicaid, SNAP, or veterans’ benefits) or being represented by the Office of Defense Services. It also creates a hearing process for anyone already sentenced to pay a fine or fee. The changes in this Act are based on recommendations of the Criminal Legal System Imposed Debt Study Group created by House Bill 244, as amended by House Amendment No 2, of the 151st General Assembly, in its December 7, 2023, report. This Act takes effect 180 days after its enactment.
This Act requires that if public works project is for a school district and has an aggregate cost of $1 million or more, a contract relating to that public works project, advertised after December 31, 2026, must include a project labor agreement with the Delaware Building and Construction Trades Council unless there was only 1 bid for the craft under the contract. A project labor agreement is a type of collective bargaining agreement in the construction industry that is generally negotiated before construction begins. Project labor agreements are intended to provide a legally binding and enforceable contract primarily related to labor conditions and labor-management relations. The requirements under this Act are not regulatory. Under existing law, school districts must comply with the procurement requirements for State agencies under Chapter 69 of Title 29. As such, the requirements under this Act apply only to contracts where this State is acting as a market participant and has a proprietary interest.