Criminal Justice (Courts)

Like House Bill No. 272, this Substitute creates the new crime of "interference with reproductive health services or exercise of religion”, which is based on a substantially similar federal law (18 U.S.C. § 248). The Superior Court is vested with jurisdiction over criminal prosecutions of this offense. This Substitute for House Bill No. 272 adds clarification by defining “place of worship”. This Substitute also replaces the phrase “discourage any person from obtaining or providing reproductive health services” with “seek to persuade any person with respect to a reproductive health choice or the provision of reproductive health services.” Finally, this Substitute adds language modeled on the similar federal law to clarify that nothing in this law (1) prohibits expressive conduct, including peaceful picketing or demonstration, that is protected under either the U.S. or Delaware Constitution, (2) creates new remedies for interference with activities protected by the free speech or exercise clauses or limit any existing legal remedies for such interference, nor (3) provides exclusive criminal penalties or civil remedies with respect to conduct prohibited under this law.

This Act adds intentional interference with the operation of a school bus to the offense of disorderly conduct. Intentional interference with a school bus may include boarding a school bus and refusing to exit after being lawfully ordered to do so by the school bus driver; wrongfully restricting the movement of a school bus; or threatening the school bus driver, a student, or any passenger entering, leaving, or waiting for a school bus. A student or passenger otherwise authorized to be on the school bus in the ordinary course of business may not be guilty of disorderly conduct for intentional interference with the operation of a school bus. This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of 2/3 of the members elected to each house of the General Assembly to expand the scope of an existing crime within the jurisdiction of an inferior court.