Sen. Gregory F. Lavelle

This bill addresses how a vacancy in the office of New Castle County Executive will be filled. Initially the County Chief Administrative Officer will fill the position. Thereafter a special election shall be held to fill the vacancy for the balance of the term of office. This is the same special election process as applicable to a vacancy in a County Council district.

This Act increases the penalties for certain offenses involving deadly weapons as follows: 1. For possession of a deadly weapon during the commission of a felony, from 2 to 5 years. 2. For possession of a firearm during the commission of a felony, generally, from 3 to 6 years. 3. For possession of a firearm during the commission of a felony, if the defendant has been convicted of 2 or more prior felonies, from 5 to 10 years. 4. For possession of a firearm or destructive weapon by a person prohibited who has been convicted of a violent felony, from 3 to 6 years. 5. For possession of a firearm or destructive weapon by a person prohibited who engages in the possession within 10 years of the conviction of a violent felony, from 5 to 10 years. 6. For possession of a firearm or destructive weapon by a person prohibited who has been convicted of 2 or more violent felonies, from 10 to 12 years. 7. For possession of a firearm by a person prohibited who negligently causes serious physical injury or death of another person through the use of the firearm, from 4 to 7 years. 8. For possession of a firearm by a person prohibited who negligently causes serious physical injury or death of another person through the use of the firearm and does so within 10 years of a conviction of a violent felony, from 6 to 12 years. 9. For possession of a firearm by a person prohibited who negligently causes serious physical injury or death of another person through the use of the firearm and has been convicted of 2 or more violent felonies, from 10 to 20 years. This Act increases the class of felony assigned to possession of a deadly weapon by a person prohibited under § 1448(e) of Title 11 to insure that the minimum sentence required by this Act does not exceed the maximum sentence for the class of felony assigned to the crime.

In the 149th General Assembly House Bill No. 64 amended Title 29, Section 5120 to insure that mothers who are full time state employees may have up to 6 weeks of unpaid leave following the newborn(s) discharge from the hospital even if their FMLA benefits have been exhausted. This bill clarifies that school district employees are entitled to the same unpaid leave.

This concurrent resolution thanks the Career and Technical Student Organizations for their presentation of geraniums. This concurrent resolution also extends the General Assembly's best wished for continued success to these exemplary students.

This Act replaces House Bill No. 285 and, in so doing, removes provisions of House Bill No. 285 related to creating an order of relinquishment process for removing firearms or ammunition from an individual subject to a report from a mental health provider under § 5402 of Title 16 as these provisions are now exclusively contained in House Substitute No. 1 for House Bill No. 302. This Act retains provisions of House Bill No. 285 that do the following: (1) Improve the structure and process related to the Relief from Disabilities Board. (2) Require that information regarding individuals who are declared guilty but mentally ill is reported to the Federal Bureau of Investigation’s National Instant Criminal Background Checks System (NICS). (3) Require that an individual who is voluntarily admitted for inpatient treatment at a psychiatric treatment facility be informed of the individual’s rights and options as a voluntary patient. (4) Clarify that an individual who is emergently detained must be treated the same as an individual who is subject to a provisional admission and may not be considered involuntarily committed for any legal purpose. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Substitute Act incorporates House Bill No. 302, and also makes the following changes to House Bill No. 302: (1) Creates a new § 5403 of Title 16, which permits a mental health service provider, institution, agency, or hospital to disclose confidential communications to a law enforcement if the mental health service provider, institution, agency, or hospital concludes that the patient is dangerous to self or dangerous to others. (2) Adds definitions for “dangerous to others” and “dangerous to self” that are based on the definition in § 5001 of Title 16, but expand the temporal imminence of the individual’s actions. (3) Permits a law-enforcement officer to obtain an order of relinquishment from the Justice of the Peace Court if the officer has probable cause to believe that an individual who is the subject of a report from a mental health provider under § 5402 or § 5403 of Title 16 is dangerous to others or self and in possession of firearms or ammunition. This process is an expedited process, akin to obtaining a search or arrest warrant. Under this process, if the Justice of the Peace Court finds probable cause, it must order the relinquishment of firearms to law enforcement and may prohibit the individual from residing with others who possess firearms and grant permission for law enforcement to search for and seize firearms. An order from the Justice of the Peace Court is good for 60 days. If the Department of Justice does not file a petition in Superior Court within 60 days, the Justice of the Peace Court’s order is void and law enforcement must return the firearms. (4) Makes clear that if the Department of Justice files a petition in Superior Court, the individual has the right to a hearing before an order of relinquishment may be granted by the Superior Court. (5) Makes clear that the Justice of the Peace Court and the Superior Court may, as part of an order of relinquishment, order an individual to not reside with an individual who owns, possesses, or controls firearms. However, the Courts may not impair or limit the right to keep and bear arms of an individual who is not subject to an order. (6) Adds consistent relinquishment provisions to Title 16 so that if the Superior Court finds probable cause for an involuntary commitment hearing or orders an individual to outpatient treatment, the Court must also order the individual to relinquish firearms or ammunition. It also makes clear that an individual subject to the order of relinquishment may seek relief from the Relief from Disabilities Board. (7) Makes technical changes to correct a designation in § 1448C of Title 11 and to add “, institution, agency, or hospital” to § 5402(a)(1) of Title 16.

This bill allows real property tax itemized deductions to continue in Delaware notwithstanding recently enacted changes to federal income tax laws.

This Resolution recognizes Delaware's Byways Program as one of the best ways to experience Delaware's beauty.

This Act requires the Secretary of the Department of Natural Resources and Environmental Control to direct 35% of the funds from the auction of the Regional Greenhouse Gas Initiative CO2 allowances to the Sustainable Energy Utility and 30% of the funds to the Water Infrastructure Advisory Council. This Act then requires the Water Infrastructure Advisory Council to develop and recommend projects to the General Assembly that are to be funded by these funds, consistent with § 8011(e) of Title 29. This Act further requires that these funds be expended only as authorized by the annual bond and capital improvement act or other act of the General Assembly. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This resolution recognizes April 25, 2018 as World Wish Day in Delaware.