Delaware Bills

in committee · Delaware · House Jun 3, 2019

HB 171: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE ESTABLISHMENT OF CERTIFICATES OF REHABILITATION.

This bill creates certificates of rehabilitation, an essential resource states can offer to support reentry, and promote public safety, by lifting statutory bars to jobs, licenses or other necessities such as housing that result from a conviction history. Certificates may be used to provide a way for qualified people with criminal records to demonstrate rehabilitation or a commitment to rehabilitation. At least six states currently have laws authorizing certificates of rehabilitation or other similar means of removing legal barriers arising from a criminal record separate and apart from seeking a governor pardon. This bill creates certificates of rehabilitation to restore the rights of people with criminal records who have paid their debt to society.

in committee · Delaware · Senate May 31, 2019

SJR 1: DIRECTING THE DELAWARE PUBLIC SERVICE COMMISSION TO REVIEW THE QUALIFIED FUEL CELL PROVIDER TARIFF WITH THE GOAL OF FINDING WAYS TO MITIGATE THE FUTURE BURDEN ON DELMARVA POWER RATEPAYERS.

This Senate Joint Resolution requires the Public Service Commission to conduct a comprehensive review of the Qualified Fuel Cell Provider tariff and Qualified Fuel Cell Provider facilities to identify and evaluate any options that may be available to reduce the burden of this tariff on Delmarva Power ratepayers. This Senate Joint Resolution also requires that a report containing the results of this review be completed and made public within 1 year.

in committee · Delaware · Senate May 31, 2019

SB 130: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ELECTRONIC RECORDATION OF CUSTODIAL INTERROGATIONS.

Confessions are powerful evidence of guilt. This Act adopts the Uniform Law Commission's Uniform Electronic Recordation of Custodial Interrogations Act to promote truth-finding, promote efficiency, and protect constitutional values. The scope of recording required under the Uniform Act, and the exceptions to the recording requirement, are consistent with the requirements set by the Attorney General in the Attorney General’s Custodial Interrogation Model Policy, available at: https://attorneygeneral.delaware.gov/law-enforcement/custodial-interrogation-policy-2018/. Specifically, this Act mandates audio recording or audio and video recording of the custodial interrogation process by law enforcement when the interrogation relates to a crime, as crime is defined under the Delaware Criminal Code. Recognizing that a blanket requirement of recording electronically all interrogation is not feasible, this Act provides 6 exceptions to the recording mandate: (1) exigent circumstances, (2) an individual's refusal to be recorded, (3) interrogations occurring in other jurisdictions, (4) when the interrogator reasonably believes that the offense involved is not one the Act mandates must be recorded, (5) when the interrogator or interrogator's supervisor reasonably believes electronic recording would reveal a confidential informant's identity or jeopardize the safety of the officer, the person interrogated, or another individual, and (6) equipment malfunctions. Further, this Act requires the prosecution to notify the defense of an intention to introduce an unrecorded statement and of the exception that permitted the lack of recording. This Act requires the prosecution to prove by a preponderance of the evidence that an exception applies. This Act also prescribes remedies for violations of the electronic recording requirement, including the giving of a cautionary instruction to the jury. Finally, this Act requires the Attorney General to adopt rules to implement this Act, which are to be enforced by each law enforcement agency.

in committee · Delaware · Senate May 31, 2019

SB 39: AN ACT TO AMEND TITLE 10, TITLE 11, AND TITLE 21 OF THE DELAWARE CODE RELATING TO FINES, FEES, COSTS, PENALTIES, AND FORFEITURES.

In 2017, 44,889 failure to pay capias issued for people who did not pay a fine, fee, cost, assessment, or restitution imposed for a non-felony offense. In the first 6 months of 2018, there were a total of 5,807 admissions to detention at all Level V facilities. Of these admissions, 129 were for failure to pay only and 595 were for failure to pay and another charge. When a capias is issued for nonpayment of a fine, courts currently may and do impose fees to cancel the warrant. When defendants are late paying their fines, the courts’ clerks also must forward the defendant’s name to the Department of Transportation’s Division of Motor Vehicles for license suspension. This Act prohibits a court or the Department of Transportation from suspending a driver’s license for nonpayment of a fine, fee, cost, assessment, or restitution and from charging a penalty, assessment, or fee to a defendant for the cancellation of a warrant issued due to the defendant’s nonpayment of a fine, fee, cost, assessment, or restitution. This Act also prohibits a court from imposing an additional fee on a defendant for payments that are made at designated periodic intervals or late, or when probation is ordered to supervise a defendant’s payment. Nothing in this Act precludes the court from filing contempt charges against defendants who willfully fail to pay their fines imposed after their ability to pay hearing. Further, this Act permits a court, before imposing a fine, fee, cost, or assessment, to consider a defendant’s ability to pay the fine, fee, costs, or assessment, whether an adult or a juvenile, is able to pay the fine, fee, cost, or assessment. This Act also provides the courts with discretion to waive, modify, suspend, costs, assessments, fines, and fees even if otherwise deemed mandatory by the Code. Additionally, this Act requires state, county, and municipal law enforcement agencies and volunteer ambulance companies to calculate and report the total sum they receive from fines, fees, costs, assessments and restitution and make a public report of these totals. This Act also creates the Criminal Legal System Imposed Debt Study Group to review the impact court imposed financial obligations have on defendants and survivors of crime and make recommendations to promote access, fairness, and transparency in the imposition and collection of court imposed financial obligations. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

in committee · Delaware · Senate May 31, 2019

SB 124: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO PERMITS FOR PARKING OVERSIZE VEHICLES IN RESIDENTIAL DISTRICTS.

This Act creates a permit which allows an individual to park a vehicle, that would otherwise be prohibited because of weight, on a residential street in New Castle County if the vehicle complies with all other size requirements; is the individual's sole or primary mode of transportation; and the vehicle is either provided by the individual's employer or essential to the individual's business. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

in committee · Delaware · House May 30, 2019

HB 164: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE DEVELOPMENTAL DISABILITIES COUNCIL.

This Act codifies the Delaware Developmental Disabilities Council (“DDC”), which was created through Executive Order No. 123 in 1982 and placed in the Department of Safety and Homeland Security in the FY 2007 Budget Act. The DDC is established to undertake advocacy, capacity building, and systemic change activities that contribute to a coordinated, consumer- and family-centered, consumer- and family-directed, comprehensive system of community services, and individualized supports for Delawareans with developmental disabilities. The DDC is required by the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000 and this Act incorporates the requirements of this federal law in establishing the requirements for DDC membership, the responsibilities of the DDC, and protections to avoid conflicts of interest in the awarding of funds.

in committee · Delaware · House May 30, 2019

HB 167: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ADMINISTRATIVE PROCEDURES AND THE REGULATORY FLEXIBILITY ACT.

This bill amends the notice provision of the Administrative Procedures Act to include copies of the regulatory flexibility analysis and the economic impact statement. It also creates the requirement of an Economic Impact Statement and what it will contain. Further, the timeline for review of regulations is spelled out with an emphasis on minimizing the economic impact caused by regulations.

in committee · Delaware · House May 30, 2019

HB 161: AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO CONSERVATION.

Recognizing the beneficial value of being in nature and fishing, this bill expands the list of fishing license exceptions to include residents of long term care facilities who are accompanied by the facility's controlling person.

in committee · Delaware · House May 30, 2019

HB 8: AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO DELAWARE TAX CREDITS.

Employment for formerly incarcerated individuals is a major barrier to transitioning and re-entering the community. The National Institute of Justice estimates that 60% of ex-offenders are jobless one year after their release. Improving access to employment opportunities for ex-offenders helps lower the State’s recidivism rates and will improve public safety and reduce taxpayer spending on prisons. This Act seeks to improve access to employment for formerly incarcerated individuals by establishing the Ex-Offender Employment Opportunity Tax Credit that offers a tax credit to employers hiring qualified ex-offenders in an amount equal to 10% of that individuals wages, with a maximum credit of $1500.

in committee · Delaware · House May 16, 2019

HB 165: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE EXTREME CRIMES PROTECTION ACT.

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 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 narrows the scope of the most commonly used statutory aggravating circumstances - those applicable in cases involving defendants with previous convictions for violent felonies and murders committed during the commission of other enumerated felonies. Several other statutory aggravating circumstances have been combined to eliminate duplication, eliminated entirely, or otherwise clarified.

in committee · Delaware · House May 15, 2019

HB 160: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE ISSUANCE OF LOBBYIST IDENTIFICATION BADGES.

Currently, identification badges for lobbyists are issued by the Division of Motor Vehicles without direct coordination with the Public Integrity Commission. This legislation places the responsibility for issuing lobbyist badges within the purview of the state agency that is charged with regulating lobbying and lobbyists.

in committee · Delaware · House May 15, 2019

HB 158: AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.

This Act allows brew-pubs to brew, bottle, and sell beer at other brew-pubs by removing the current restriction limiting such actions to no more than 3 licensed brew-pubs.

Bill results