This Act creates the legal framework for serving a correctional officer when they are employed by the State and when they are no longer employed by the State.
Maddy summaryThis resolution designates May 15, 2025, as "Tuberous Sclerosis Complex Awareness Day" in Delaware. It is a commemorative measure with no binding policy changes or direct impact on legislation or affected groups. The bill formally recognizes this date to raise public awareness about tuberous sclerosis complex (TSC), a rare genetic disorder. Delaware state entities and community groups may use the designation for educational or outreach activities. No funding, regulations, or rights are altered by this resolution.
This Act updates Title 11 of the Delaware Code concerning postconviction remedies relating to DNA testing and evidence. Specifically, the Act removes the limitations currently in the Delaware Code (1) that a person convicted of a crime must seek DNA testing within 3 years after the conviction is final and (2) that a person convicted of a crime may not seek DNA testing or a new trial based on DNA evidence if direct appellate review is available. In addition, the Act requires the court to grant a motion for the performance of DNA testing if certain criteria are satisfied. The Act also permits persons who entered a guilty plea, in addition to persons convicted of a crime, to seek DNA testing, and allows for DNA testing where evidence was previously subjected to testing but additional testing of that evidence provides a reasonable likelihood of results that are more probative. The Act changes the standard applicable for a motion for a new trial based on DNA evidence. Instead of requiring a showing by clear and convincing evidence that no reasonable trier of fact would have convicted the person, the under the Act, the court must grant a new trial up a showing of a reasonable probability that there would have been a different outcome or no conviction, had the DNA evidence been presented before or during trial or before the date of entry of a plea. Finally, the Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act is a substitute for and differs from Senate Bill 57 in that it clarifies that the DNA testing may be performed on evidence secured in relation to the investigation, and is not limited to evidence secured in relation to the trial. In addition, this Act removes a requirement that the movant show that the evidence was not previously subject to testing because the technology for testing was not available at the time of trial. Finally, this Act requires the court to grant a new trial if the standard is satisfied, rather than leaving it to the court's discretion.
This Act codifies the longstanding custom and practice in Delaware of compensating Deputy Attorneys General and Assistant Public Defenders comparably. This Act is also consistent with the American Bar Association’s Ten Principles of a Public Defense Delivery System which states: “The compensation for lawyers working for Public Defense Providers should be appropriate for and comparable to other publicly funded lawyers. Full-time public defender salaries and benefits should be no less than the salaries and benefits for full-time prosecutors.” Finally, this Act codifies the continuing belief in Delaware that comparable compensation is necessary to achieve equal justice under law.
This resolution designates May 2025 as "Lupus Awareness Month" in the State of Delaware and encourages expanded efforts to keep Delaware residents properly informed about Lupus symptom recognition and treatment.
This Act is from the Joint Legislative Oversight and Sunset Committee, to remove the provision that a committee member who participates virtually in a committee meeting is not counted toward quorum.
This Concurrent Resolution proclaims May 15, 2025, as "Home Care Advocacy Day" in Delaware to recognize the dedication and hard work of caregivers, to emphasize the critical importance of access to quality home care services for Delaware’s aging residents to live independently and age with dignity, and to advocate for policies and resources that support the delivery of high-quality, person-centered care in the home setting.
This Act is the first leg of a constitutional amendment to create an independent redistricting commission to redistrict Senatorial and Representative districts following each federal decennial census. The purpose of this Act is to establish more transparency in government, and to strengthen citizens' faith in the election and redistricting processes that serve as the foundation of democracy in this State. To achieve this purpose, this Act establishes the Independent Redistricting Commission (“Commission”). The Commission is responsible for drawing the boundaries of Delaware's Representative and Senatorial districts every 10 years, following each decennial census. The process begins with the selection of a pool of 24 potential Commission members by a bipartisan judicial panel from applications filed with the Commissioner of Elections. The pool must include 8 candidates from each of the State’s two largest political parties and 8 candidates that are not a member of either of the State’s two largest parties. Before the selection of Commission members from the pool of 24 potential Commission members, the following individuals each have the opportunity to strike one candidate from the pool: the Speaker of the House of Representatives, the House Minority Leader, the President Pro Tempore of the Senate, and the Senate Minority Leader. From the pool of remaining candidates, the Commissioner of Elections will draw by lot until the following conditions are satisfied: (1) The Commission has 5 members, with 1 member from each county, plus 1 member from the City of Wilmington, plus 1 member from anywhere in this State. (2) Two members of the Commission are members of the State’s largest political party, 2 members of the Commission are members of the State’s second largest political party, and 1 member of the Commission who is not a member of either of the State’s two largest political parties. Eligible candidates may not be, and may not have in the 5 years before appointment been, a federal or state lobbyist, an officer of a federal or state political party, an officer of a campaign committee, or an elected federal or state official. Commissioners are also prohibited from running for the General Assembly in the election following the redistricting and from registering as a federal or state lobbyist for 5 years following the term as a Commissioner. Once established, the Commission must prepare a preliminary redistricting plan and report for public distribution, and 4 public hearings must be held before a final redistricting plan and report is approved by the Commission. The Commission is to be guided in this task by standards and criteria established in this Act, including that the redistricting plan provide effective representation for all residents of this State, including racial, ethnic, and language minorities, and meeting the following criteria: (1) The districts are to be formed of contiguous territory. (2) The districts are to be nearly equal in population, with no more than 5% population deviation between districts. (3) The districts are to be bounded by major roads and streams or other natural boundaries. (4) The districts are to be created so as to not unduly favor any person or political party. (5) The districts are to comply with all standards mandated by federal law, including the federal Voting Rights Act, 42 U.S.C. §§ 1971 et. seq., or any successor law. (6) The districts are to comply with the criteria for counting incarcerated individuals for redistricting purposes, as established by an act of the General Assembly. (7) The districts are to be created to consider and preserve communities of interest. The Commission is to be advised in its efforts by 4 advisory committees, one for each county and one for the City of Wilmington. Each advisory committee is to consist of 12 members appointed by the Commission. The members must be diverse in terms of race, ethnicity, gender, and geographic location, and, to ensure that an advisory committee makes well-informed recommendations, expert members in the fields of election law, redistricting, demographics, political science, community organizing, and data visualization must be appointed through a transparent and inclusive process. For the Commission’s final redistricting plan and report to become law, the plan and report must pass both Houses of the General Assembly with the concurrence of a majority of all members elected to each House, but not presented to the Governor for action. If the General Assembly fails to pass the Commission’s final plan and report or revised final plan and report, the Supreme Court shall redistrict the Representative and Senatorial districts in compliance with the standards and criteria in this Act. If the Commission fails to adopt a preliminary, final, or revised final redistricting plan and report, the Supreme Court shall redistrict the Representative and Senatorial districts in compliance with the standards and criteria in this Act. The Supreme Court has original and exclusive jurisdiction to resolve challenges to the final redistricting plan and report enacted by the General Assembly or itself. If a redistricting plan and report adopted by the General Assembly is adjudicated unconstitutional or in violation of the law of this State or federal law, the Supreme Court shall redistrict the Representative and Senatorial districts in compliance with the standards and criteria in this Act. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly.
This Concurrent Resolution designates March 26, 2025, as "Epilepsy Awareness Day" in Delaware and calls upon State agencies and the people of Delaware to undertake suitable efforts to increase epilepsy awareness.
Maddy summarySCR 15 designates February 2025 as "Turner Syndrome Awareness Month" in Delaware through a concurrent resolution. It aims to raise public awareness about Turner Syndrome - a genetic condition affecting approximately 1 in 2,000 females - highlighting its symptoms, health risks (like heart issues and diabetes), and the importance of early diagnosis. The resolution directly affects Delaware residents, particularly individuals with Turner Syndrome and their families, by encouraging community education and support. It does not create new laws or funding but promotes awareness to improve timely medical intervention. (Author: Senator Hoffner; Passed unanimously in both chambers on January 30, 2025.)
