Rep. James Johnson

This Act prohibits a flagger from using headphones or electronic communication devices while engaged in traffic control in a work zone. This Act permits a flagger to use an electronic communication device approved by the Department of Transportation. This Act makes a violation of this prohibition a civil traffic offense that is not entered on an individual’s motor vehicle record.

This bill serves to better define and limit what real property rights the Department of Transportation may acquire. It also corrects a technical error that if left unchanged, will jeopardize the use of federal funds on transportation projects due to non-conformance with the National Environmental Policy Act and federal highway regulations.

This bill changes the age of a person to whom another person can sell, give or transfer a firearm or ammunition for a firearm from 18 to 21. However, this bill permits a person to sell, give or transfer a firearm or ammunition for a firearm to a person under 21 years of age if the person under 21 is an active member of the United States Armed Forces or a law-enforcement officer or possesses a license to carry a concealed deadly weapon. The prohibition against the sale or transfer of a firearm to a person under 21 does not apply if that person is over 18 and the firearm is a shotgun or muzzle-loading rifle or if the ammunition is for such weapons. This bill does permit the transfer of a firearm or ammunition to a person under 21 so long as such transfer is without compensation and the person transferring is the parent or guardian of the person under 21 or has the permission of the parent or guardian. This bill increases the age from 18-21 for the person who must directly supervise a child under the age of 16 who is in possession of a firearm, BB, air, or spear gun.

This Act extends the amount of notice that an insurer must provide to a policyholder before cancelling an automobile policy for the nonpayment of a premium from 10 to 15 days.

This Act increases the state employees' pension plan burial benefit from $7,000 to $10,000 effective July 1, 2016. This benefit has not been changed since July 2001.

This bill restores the Board of Parole’s authority to hear and make decisions regarding violations of offenders released through good time credits.

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. To accomplish this, 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 described in § 4201(c) of Title 11, which designates certain crimes as violent felonies, or to a delinquent act. 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.

This Senate Concurrent Resolution urges the Congress of the United States to enact legislation that would reinstate the separation of commercial and investment banking functions that were in effect under the Glass-Steagall Act (Banking Act of 1933). Federal legislation based on the Glass-Steagall precedent is needed in order to prohibit commercial banks and bank holding companies from investing in stocks, underwriting securities, or investing in or acting as guarantors to derivative transactions, in order to prevent American taxpayers from being called upon to fund hundreds of billions of dollars to bail out financial institutions.

This Act includes Department of Transportation employees who work on interstate, expressway, arterial, and collector roads in the classification of employees who are eligible to receive hazardous duty pay. This Act contains a delayed effective date provision to ensure this Act takes effect in fiscal year 2019. Funding for this Act will be drawn from funds that would not violate Article VIII, § 12. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This House Concurrent Resolution recognizes February 2018 as “African American History Month.” It also requests the Governor issue a proclamation declaring the same and encouraging State agencies and all Delawareans to observe the occasion with appropriate programs, ceremonies, and activities.