In 48 states, the presidential candidate winning the majority of the popular vote is awarded that state’s total electoral votes. However, the U.S. Constitution does not specify how individual states must apportion these votes. The predominant “winner take all method” is deeply flawed in that the outcome is often not an accurate representation of a state’s diversity of opinion. This measure corrects this inequity in Delaware. The proposed reform would divide the state’s three electoral votes equally among its three counties. The popular vote in each would determine how that county’s single electoral vote would be allocated. Such a system would be unique and proportional, better reflecting the will of the individual Delawarean with greater accuracy and independent strength of geographic location for all Delawareans, not just those in the densely populated areas in this nation or State.
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This bill requires transparency in the use of risk assessment instruments and requires empirical data that the instrument does not increase or magnify bias against any protected class.
In 2018, the General Assembly enacted House Bill No. 204 of the 149th General Assembly, Chapter 200, Volume 81 of the Laws of Delaware, ("HB 204"), 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." HB 204 has resulted in the release of violent offenders into our communities, leading to more Delawareans being victimized. Therefore, this Act repeals HB 204, replacing HB 204's provisions with the law in effect before the enactment of HB 204 and bringing back greater safety for law abiding Delawareans and accountability for defendants. This Act also makes technical corrections to conform existing law, and previous law being returned to the Delaware Code, to the standards of the Delaware Legislative Drafting Manual.
Delaware’s Constitution does not currently require the Governor to inform the General Assembly in advance of issuing extensions to State of Emergency Orders or any executive order extending, amending, guiding or modifying a State of Emergency Order. In that the General Assembly is a separate branch of government, serving as a necessary check on executive power, these constitutional amendments require the Governor to inform the General Assembly no later than 24 hours prior to the issuance of a State of Emergency Order Beyond 14 days, including any executive order extending, amending, guiding or otherwise modifying a State of Emergency Order. In such circumstances the Senator Pro Tempore and the Speaker of the House shall convene four members of the General Assembly, one from each caucus of the House and Senate sitting on an appropriate House or Senate Committee, to review and consider the extension, amendment, guidance or modification to any State of Emergency Order.
This Resolution proclaims June 25th, 2020 as “Korean War Remembrance Day”.
This Concurrent Resolution recognizes the class of 2020’s challenge faced due to the COVID-19 pandemic in Delaware
This Act amends the Clean Indoor Air Act to allow cigar lounges. No one under the age of 21 years may enter a cigar lounge and a cigar lounge may not share indoor common space with other businesses unless there is a separate ventilation system that does not allow smoke from the cigar lounge to enter the nonsmoking spaces. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Most commonly, persons accused of subsection (a) of this section – panhandling – are homeless. Transferring such matters to the Court of Common Pleas allows persons so accused increased access to social services not available to them at the Justice of the Peace Court.
This act will be known as the Egregious Crimes Accountability 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 limits the statutory aggravating circumstances to four aggravating circumstances: 1. Mass Murder: The defendant’s course of conduct resulted in the deaths of 3 or more persons where the deaths occurred in a place of public use and the deaths are the probable consequence of the defendant’s conduct. The threshold number of 3 deaths is consistent with the federal definition. 28 U.S.C. § 530C. 2. Repeat Offender: The defendant was previously convicted of another murder. 3. Horribly Inhumane: The murder was outrageously or wantonly vile, horrible or inhuman in that it involved torture, depravity of mind, use of an explosive device, weapon of mass destruction, or poison or the defendant used such means on the victim prior to murdering the victim. 4. Hate Crimes: The murder was committed for the purpose of committing a hate crime. Hate crime is defined in Title 11, § 1304.
In 2014, the General Assembly created an ignition interlock device program under §§ 4177C and 4177G of Title 21 of the Delaware Code (“IID program”). The IID program provides individuals whose license or driving privileges have been revoked following a conviction for driving under the influence of alcohol or drugs the ability to drive during their revocation period while putting measures in place to protect the public. This Act closes a loophole in the IID program that allows a person to avoid installing an IID in certain circumstance and makes changes to §§ 4177C and 4177G to ensure the provisions are consistent and operate in harmony with each other. This Act also adds a provision clarifying the process for the reinstatement of an individual’s license or driving privileges after the individual has been disqualified from the IID program. Finally, this Act makes numerous technical corrections to conform existing law to the standards of the Delaware Legislation Drafting Manual, including to ensure consistency of language throughout the provisions included in this Act.