Rep. Sean Lynn

This Act is the first leg of an amendment to the Delaware Constitution to provide for equal protection. This amendment would advance human dignity and equality for all under the Delaware Constitution, and would correct a constitutional shortcoming. It subjects unequal treatment based on discrimination to strict scrutiny, and enables courts in Delaware to establish jurisprudence concerning equal rights violations under State law reflecting Delaware values. Currently, while the federal and many state constitutions afford equal protection, Delaware’s constitution fails to do so.

This Act requires that any student over the age of 16 who wishes to leave school prior to graduation must obtain the written consent of the parent or guardian, and attend an exit interview where information is supplied regarding the likelihood of diminished earning potential and the increased likelihood of unemployment associated with dropping out. The school is also directed to explore whether there are support services, interventions or programs that might assist the student in remaining enrolled. The intent is to lower the dropout rate and encourage students to complete high school.

This bill fixes a drafting error in Senate Bill 198 of the 148th General Assembly that inadvertently made it harder for juveniles to get mandatory expungements by adding the term ‘violent misdemeanor’ as an excepting factor that would prevent a youth from receiving an expungement. Previously, violent misdemeanors were never included in the state’s statute regarding mandatory expungements. The bill also strikes the definition of violent misdemeanor, which is no longer applicable to the state’s juvenile expungement statute.The phrase “sex offense” was added after the word “felony” for clarity and to mirror the definition in § 1016. No substantive change is made by this clarification.

Recognizing that a criminal charge can have lasting collateral consequences for a juvenile on employment and education opportunities, this bill raises the age in which a juvenile’s information, such as their name and mug shot, may be released by the state. The bill also seeks to address issues related to the release of such information on publicly-maintained social media pages. This bill seeks to balance both the rights of juveniles and the public’s right to know by saying that the names and photos of juveniles who have been charged and/or found delinquent of Class A misdemeanors, and Title 11 felonies, may only be released when the offending juvenile is 16 or older. This legislation also adds clarifying language to prevent the inadvertent release of sensitive information online that could have lasting impacts on a juvenile long after they have been charged, and in some cases, acquitted, of a crime.

This Act is the second leg of a constitutional amendment that would add the Chief Magistrate to the Court on the Judiciary. Like all judges within the state, the judges of the Justice of the Peace Court are subject to the jurisdiction of the Court on the Judiciary. This amendment makes it so that the presiding judge of each of the six state courts serves as a member.

This Concurrent Resolution establishes a task force to study the issue of the local extinction of species in Delaware and recommend solutions to reverse the present course. The task force is required to deliver its report no later than December 1, 2017.

This Act improves the enforcement mechanisms related to Delaware’s campaign finance disclosure laws in four ways. First, this Act amends § 8040, Title 15 to require that the Superior Court may not grant a certificate of election to a successful candidate for office until the candidate has paid all fines assessed by the Commissioner of Elections (“Commissioner”) for the candidate’s wilful failure to file a required campaign finance report. And, this Act specifically requires the Commissioner to provide the Superior Court with the information necessary for the Court to perform its function. Second, this Act further amends § 8040, Title 15 to prohibit an individual from being a candidate in a future election until all previous campaign finance reports are filed and all previously assessed fines assessed by the Commissioner are paid. Third, this Act clarifies the timeframe in which the Commissioner must notify a candidate that a report is incomplete or tardy and decreases the time in which a candidate may appeal the Commissioner’s decision to issue a fine for a tardy or incomplete report. Fourth, this Act amends § 8044, Title 15 to require the Commissioner to publish, on the Department of Elections website, the name of any candidate who has (1) wilfully neglected to file a campaign finance report, (2) been assessed a fine by the Commissioner for wilfully neglecting to file a campaign finance report, or (3) been reported to the Office of the Attorney General by the Commissioner.

This Act removes the Department of Correction’s authority to execute orders as to sentences of capital punishment and prohibits the Department from using lethal doses of drugs on those in its care. This Act also removes hanging as a method of execution in Delaware.

This Act creates the Complete Your Degree Grant Program. Under this program, state funds may be provided to help eligible students who have completed at least 30 credit hours return to school and complete an associate degree.

This legislation promotes transparency and integrity at the highest levels of our democracy, by requiring that all candidates for President and Vice President of the United States file copies of their federal tax returns with the Delaware Department of Elections as a prerequisite for appearing on the ballot in the general election in Delaware.