This Act clarifies Delaware’s driving under the influence (“DUI”) law related to intensive inpatient or outpatient drug and alcohol treatment for felony DUI offenders. The current law has resulted in differing interpretations regarding treatment; specifically, whether treatment must be completed while incarcerated (Level V) or at home confinement (Level IV), rather than at community supervision (Level III or Level II). This has resulted in extending incarceration for some offenders or requiring out-of-state offenders to reside in Delaware to complete the mandated drug and alcohol abstinence program and drug and alcohol treatment program under § 4177(d)(9) of Title 21. Specifically, this Act permits the Superior Court to sentence felony DUI offenders to commence intensive treatment at any level of supervision, including community supervision. This Act also requires offenders to complete treatment within 9 months of the date of sentence or the date of release from Level V or Level IV, unless the Superior Court has granted the offender an extension for good cause. If an offender does not complete the treatment as required, the Superior Court must impose the portion of the minimum sentence suspended by the Court for the offender’s participation in the program.
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This Act revises the appointment process for members of the Common Interest Community Advisory Council who are from the Real Property Section of the Delaware State Bar Association. Under this Act, these members are appointed by a government official to comply with the requirements of the Delaware Constitution. This Act applies only to members who are appointed after the effective date of this Act, and does not invalidate any appointments made before the effective date of this Act. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
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 bill permits the owner of a beer garden or food establishment to permit leashed dogs on licensed outdoor patios of food establishments and in beer gardens.
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 Act creates the Gun Violence Prevention Task Force to study and make findings and recommendations regarding whether Delaware should become the point of contact to conduct background checks for firearms transfers.
The National League of Families POW/MIA flag is a “symbol of our Nation's concern and commitment to resolving as fully as possible the fates of Americans still prisoners, missing, or unaccounted for in all U.S. wars” 36. U.S.C. § 902. In 1989, the United States required the National League of Families POW/MIA flag be flown on Armed Forces Day, Memorial Day, Flag Day, Independence Day, National POW/MIA Recognition Day, and Veterans Day. In 1991, Delaware enacted Senate Bill No. 87, Chapter 88 of Volume 68 of the Laws of Delaware, which required certain state buildings to fly the POW/MIA flag each day. Senate Bill No. 87 was not drafted as an amendment to the Delaware Code and so was not included in the Delaware Code. This Act codifies Senate Bill No. 87 into § 408 of Title 29 to conform § 408 with existing Delaware and federal law in recognition of this State's commitment to our Veterans. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
The Joint Legislative Oversight and Sunset Committee approved a project to work with the Governor's Office throughout 2018 and 2019 to identify antiquated boards, commissions, and councils that need statutory updates or outright repeals. The Council on Development Finance was identified as needing to simplify the party balance requirement to make it easier to fill vacancies and update language regarding appointments and quorum. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This legislation allows the Delaware Commission of Veterans’ Affairs to employ the spouses of veterans and retains the stipulation that the Executive Director of the Commission must be a veteran.
This Act recognizes the importance of sibling relationships to promote continuity and sustain family relationships for children in foster care by doing all of the following: 1. Requires a child's service plan include contact information and details regarding sibling visits, unless sibling visits are not in the best interest of either child. 2. Requires DSCYF to arrange visits with siblings when requested by a child, unless the visit is not in the best interest of a child, would violate a protection order, or would have a detrimental effect on the prosecution of a criminal case. 3. Provides a child with specific rights regarding their siblings, including placement near or with siblings if possible, and the ability to maintain frequent and meaningful contact if placement together is not possible. This Act also requires that a child, age 14 or older receive a written document containing the child's rights regarding placement and contact with siblings. This Act is known as the "Foster Child Siblings Bill of Rights".