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in committee · Delaware · Senate May 10, 2018

SB 209: AN ACT TO AMEND TITLE 11, PART 1, OF THE DELAWARE CODE RELATING TO THE DELAWARE CRIMINAL CODE.

Delaware’s existing Criminal Code was adopted in 1973 and was based on the Model Penal Code. Since that time, the Criminal Code has quadrupled in size and expanded to other parts of the Code without consideration to the general effects of the change on the Criminal Code’s overall structure, its terminology, or its application, creating numerous inconsistencies, redundancies, ambiguities and contradictions. In 2014, the General Assembly established the Criminal Justice Improvement Committee to review opportunities for efficiencies in the Delaware Criminal Code, including identifying: “disproportionate, redundant, outdated, duplicative, or inefficient statutes” and “crimes that should or should not constitute potential jail time”. The Criminal Justice Improvement Committee Working Group was created to accomplished the Criminal Justice Improvement Committee’s stated goals and has worked diligently for the last three years, in concert with other criminal justice stakeholders, to restore the criminal code to a clear, readable, and proportional code. The recommendations found in their Final Report are the basis for this Act and its companion bill. This Act is one of two bills that seek to bring back clarity and consistency to the Criminal Code. This Act repeals and replaces Title 11, Part I, Chapters 1 through 15 of the Delaware Criminal Code and replaces it with an improved code that is easy to understand, consolidates offenses and introduces rational and proportional sentencing structures. This Act, and its companion bill, will take effect 20 months from the date it is signed, to allow for a smooth integration of the improved code into existing structures, give public and private criminal justice stakeholders an opportunity to familiarize themselves with the improved code, and provide an opportunity to develop for the first time model jury instructions and sentencing guidelines. A Commentary, which explains how the current criminal code relates to the improved code, will be publicly available during this transition period. The 20 months will also give time to introduce technical corrections bills that will make changes to the Code necessitated by the improved code (e.g., update cross references to Title 11, Part I, found in other Titles), as well as incorporate legislative decisions passed by the 148th and 149th General Assembly that were not captured by the improved code.
James Johnson (D) Nicole Poore (D) David B. McBride (D) Margaret Rose Henry (D) Harris B. McDowell (D) · 15 co-sponsors
in committee · Delaware · Senate May 10, 2018

SB 205: AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO UNBORN CHILDREN.

The Act protects the life of the unborn child at a time when the potential for the child to survive outside the womb increases, especially with the advancement of medical procedures. Also, there is substantial medical evidence that an unborn child is capable of experiencing pain by 20 weeks after fertilization. The Delaware Legislature has the constitutional authority to make this judgment as shown in U.S. Supreme Court decisions as detailed in this Act. In enacting this legislation Delaware is not asking the Supreme Court to overturn or replace the holding in Roe v. Wade. Rather, it asserts a separate and independent compelling state interest in unborn human life that exists once the unborn child is capable of experiencing pain.
Tim Dukes (R) Bryant Richardson (R) · 13 co-sponsors
in committee · Delaware · Senate May 10, 2018

SB 210: AN ACT TO AMEND TITLES 2, 3, 4, 6, 7, 9, 11, 12, 13, 14, 15, 16, 18, 20, 21, 23, 24, 26, 29, 30 AND 31 OF THE DELAWARE CODE RELATING TO CRIMES AND CRIMINAL PENALTIES.

Delaware’s existing Criminal Code was adopted in 1973 and was based on the Model Penal Code. Since that time, the Criminal Code has quadrupled in size and expanded to other parts of the Code without consideration to the general effects of the change on the Criminal Code’s overall structure, its terminology, or its application, creating numerous inconsistencies, redundancies, ambiguities and contradictions. This Act is one of two bills that seek to bring back clarity and consistency to the Criminal Code.
James Johnson (D) Nicole Poore (D) David B. McBride (D) Debra Heffernan (D) Margaret Rose Henry (D) · 14 co-sponsors
in committee · Delaware · House May 10, 2018

HB 378: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PERSONAL IDENTIFYING INFORMATION.

This bill is intended to protect the privacy of law enforcement officers and their immediate family members by specifically exempting their personal identifying information from FOIA. The disclosure of private information of law enforcement and their immediate family members unnecessarily endangers such individuals.
Dave Wilson (R) Dave Lawson (R) Val Longhurst (D) Stephen Smyk (R) · 7 co-sponsors
in committee · Delaware · House May 9, 2018

HB 398: AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO POWERS AND DUTIES.

This bill is a companion bill to House Substitute No. 1 for House Bill No. 344 and provides the authority for the Department of Education to prescribe the rules and regulations necessary to implement the Prison Education Program which provides educational services to the Department of Correction.
Dave Wilson (R) Nicole Poore (D) Ruth Briggs King (R) Joseph E. Miro (R) · 1 co-sponsor
in committee · Delaware · House May 9, 2018

HB 394: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLES.

This Bill requires motor vehicle insurance policies, under the personal injury protection provisions (PIP), to provide coverage for up to $500 per injured person extricated from a motor vehicle by an emergency medical services vehicle. Emergency medical services vehicle is a vehicle duly licensed in Delaware that deploys rescue tools used by emergency rescue personnel to extricate the injured person from a vehicle. The Act also requires the Insurance commissioner to develop a uniform billing form for reimbursement and that volunteer fire and ambulance companies submit financial reports regarding expenses incurred in the use of rescue tools to the State Fire Prevention Commission.
Stephanie Hansen (D) Bill Carson (D) Val Longhurst (D) Danny Short (R) Bruce C. Ennis (D) · 6 co-sponsors
in committee · Delaware · House May 9, 2018

HB 238: AN ACT TO AMEND TITLE 3 AND TITLE 16 OF THE DELAWARE CODE RELATING TO RABIES AND OTHER VACCINATION REQUIREMENTS.

This Act enables licensed veterinarian’s to exempt an animal from the mandated rabies vaccination, if the veterinarian determines the vaccine would endanger the animal’s health and a titer test has been administered to assist in determining the necessity of the vaccine. Additionally the bill requires that a license veterinarian complete a Vaccine Risk Assessment Form provided by the department and to review the form with the pet owner. The form must be developed and distributed to licensed veterinarians by the Department of Health and Social Services before January 1, 2019.
Ron Gray (R) Gerald Hocker (R) · 3 co-sponsors
in committee · Delaware · House May 9, 2018

HB 375: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PROHIBITED CONDUCT IN CONNECTION WITH LARGE-CAPACITY MAGAZINES.

This Act prohibits the manufacture, sale, purchase, transfer, or delivery of large-capacity magazines, which are defined as ammunition feeding devices with the capacity to accept more than 10 rounds. In acknowledgment that thousands of law-abiding Delawareans currently possess large-capacity magazines lawfully, this Act makes such possession unlawful only if it occurs in a public place while in possession of a firearm capable of accepting it. Possession of a large-capacity magazine in areas that are not public places remains legal and this Act permits the possession and use of large-capacity magazines at shooting ranges. A violation of this Act is a class A misdemeanor for a first offense and a class G felony for any subsequent offense.
Pete Schwartzkopf (D) Sean Lynn (D) Debra Heffernan (D) Val Longhurst (D) John A. Kowalko (D) · 5 co-sponsors
in committee · Delaware · House May 9, 2018

HB 344: AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CLASSIFICATION AND EMPLOYMENT.

The language set forth in this statute would remove barriers for inmates who are students with disabilities and who have an Individualized Education Program (IEP) under state and federal law, when being considered for parole or a sentence modification. Requiring an inmate with an IEP to complete a GED or State of Delaware High School Diploma is counter-productive to the treatment and programming of this segment of the prison population and prohibits them from seeking the same benefits of parole or sentence modification afforded to those inmates who do not have an IEP. This amendment to the law allows an inmate the opportunity to earn a State of Delaware Diploma of Alternate Achievement Standards upon successful completion of the inmate's IEP.
Nicole Poore (D) Ruth Briggs King (R) · 13 co-sponsors
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