This Act makes a number of changes to Chapter 21, Title 11 of the Delaware Code, with the goal of modernizing the pretrial process, reducing reliance on monetary conditions, improving the efficiency and outcomes for the criminal justice system, and ensuring the safety of the community. An analysis of data for pretrial detention and bail shows that Delaware’s bail system is failing in two ways: we unnecessarily detain individuals who lack funds for their release, and on the other end of the spectrum, we release defendants who fail to appear or remain law abiding during their period of pretrial release. The Courts, the Department of Correction, the Office of Defense Services, the Attorney General’s Offices, members of law enforcement and the private defense bar, and the Delaware Center for Justice have worked collaboratively to propose the changes embodied in this bill, and will continue to work on further revisions. Specifically, this Act makes the following changes to the bail/pretrial process: - Use risk to determine conditions: Require courts to consider risk by using empirically-based tools to determine whether a defendant is likely to stay out of trouble and come to court, and use that information to make individualized “assignments” of conditions of release. - Defines purpose of release conditions: Limit conditions of release to things that will reasonably assure the defendant will show up in court, and protect victims, witnesses, and community members. - Create more opportunities for conditions to be added or removed: Make release conditions “living documents” that will automatically be reviewed if a defendant does not initially meet them, if a defendant does meet them and then violates those terms, or if the defendant or their custodian makes a motion to modify those conditions. - Empower pretrial officers: Gives Department of Corrections more tools to investigate and address violations of release conditions so the courts can address violations promptly and impose sanctions if necessary. This bill further requires the court to conduct a review of conditions of pretrial release for a defendant who remains detained after 72 hours from the defendant’s initial presentment because of inability to meet any condition of release (including a financial condition). Such a review must happen within ten days of detention.
Sponsored bills
This bill increases the maximum annual corporation franchise tax in the amount of $60,000, from $180,000 to $240,000.
This Act conforms Delaware’s deadlines for filing certain information returns to those established in the Internal Revenue Code. In an effort to combat identity theft and taxpayer fraud, federal filing dates were recently changed. For example, starting in 2017 the federal deadline for an employer to file aggregated W-2 data with the IRS will be January 31, which is the same date on which W-2s are distributed to individual taxpayers. Prior to this change, the IRS did not receive W-2 data until March 1 meaning that there has been a one-month window in which it could not readily confirm the authenticity of W-2s filed with taxpayers’ returns. Like other states and the IRS, Delaware has had to devote considerable resources to combating fraud and identity theft. By conforming to the new federal standard, Delaware will have data on hand that will help identify and isolate fraudulent filings. As the State’s employers will already be required to comply with the new federal deadlines, conforming Delaware’s filing dates will result in no additional administrative burden.
This bill creates a tax deduction of up to $2,500 for an individual or $5,000 for a married couple for contributions to a qualified 529A savings account, or "ABLE" plan - a special account for meeting the needs of certain individuals with disabilities. The deduction may only be claimed by a taxpayer who makes less than $125,000 or a married couple who makes less than $250,000. It is applicable only to ABLE plans sponsored by the State of Delaware or offered by a consortium of states of which Delaware is a member.
The “Bicycle Friendly Delaware Act” would update Delaware code in conformance with recommended changes to the Uniform Vehicle Code from both the National Committee on Uniform Traffic Control Devices (Rules of the Road Committee) and the League of American Bicyclists (Legal Affairs Committee). Without changing the legal meaning of existing law, these updates would clarify sections of the Delaware Rules of the Road that are frequently misunderstood by the police, by bicycle operators and by vehicle drivers. In addition, the Act would enable the Department of Transportation to deploy bicycle traffic signals as a safety countermeasure at intersections where most fatal bicycle crashes occur; require vehicles to change lanes when passing bicycles (and farm equipment and animal-drawn vehicles) when lanes are too narrow; permit safe yielding by bicycle operators at stop sign-controlled intersections with minor roads; and prohibit the use of horns when passing animal-drawn vehicles and bicycles.
This Act allows professional licensing boards and commissions administered by the Division of Professional Regulation to recognize military education, training, and experience of all current and former military personnel when reviewing credentials and issuing licenses. This is a change from the current law, which only allows such boards and commissions to do so for active duty military, members of the National Guard, or military reserves assigned to a duty station in Delaware. This change would recognize the military education, training, and experience of individuals who are retired, a veteran, or are active duty individuals assigned to duty stations located outside this State.
This bill allows for the donation of either sick leave or annual leave without having to do so in equal amounts. Additionally, a person can donate sick leave or annual leave but does not have to donate both.
This Act will improve guidelines for training by school districts and charters as it pertains to School Resource Officers (SRO), their duties and training when interacting with students with disabilities. The limitations and prohibitions described in this section are in addition to, and not in derogation of, any other constitutional, statutory, or regulatory rights otherwise conferred by federal or state law or regulation.
This bill creates a requirement that all public high schools, including charter schools, shall offer at least one computer science course at the high school level by the 2020-2021 school year. Also, this bill creates a requirement that, by the 2018-2019 school year, a computer science course may satisfy one year of the total credit requirement in mathematics, excluding Algebra I, Geometry, or Algebra II or the equivalent courses. The State Board of Education shall develop guidelines addressing how computer science courses can satisfy graduation requirements.
This bill will remove the requirement for signatures to be in pen and ink when provided for driver license, identification card, or registration application processes. Removing this provision enables the Division of Motor Vehicles to develop more efficient means of serving customers including expanding online services.