Public Safety, Crime, and Courts
House Substitute 1 for House Bill 21 – Classifies motor vehicle offenses that are subject to voluntary assessment as violations rather than misdemeanors. Currently, motor vehicle offenses such as speeding and running a red light are classified as misdemeanors by default, which can have a detrimental effect when it comes to someone applying for a job.
Status: SIGNED
House Bill 109 – Allows the attorney general’s office to offer reduced sentences (less than is called for by law) to convicted defendants who provide “substantial assistance” to the state. The law allows a sentencing court to suspend or reduce minimum mandatory sentences for those who provide substantial assistance to law enforcement.
Status: SIGNED
House Bill 136 – Establishes enhanced penalties for registered sex offenders who commit a sex offense against a child under 12 years of age. If the sex offender is charged with a misdemeanor sex offense, then the additional penalty would be a class C felony. If the offender is charged with a class C, D, E, F or G felony, then the enhanced penalty would be a class B felony. According to Delaware code, a class B felony carries a prison sentence range of two to 25 years, with the first two years of imprisonment being mandatory. A class C felony carries a statutory prison sentence range of up to 15 years.
Status: SIGNED
House Bill 160 – Updates the law and penalties for people who present fraudulent documents to obtain fake drivers’ licenses and identification cards. A person who does that would be fined $500 to $1,500 or imprisoned 30 to 60 days. In addition, the person would have his/her driver license suspended for a period of one year. The bill also would give the DMV the authority to confiscate any fraudulent documents used in attempting to obtain a license or ID card.
Status: SIGNED
House Bill 175 – Assesses a $100 fee in Superior Court while other courts impose a $50 fee if the Attorney General’s office appears in the case and a conviction, guilty plea, delinquency or alternative sentencing – such as the first offender’s program for DUI – results. The legislation gives the court discretion to reduce or waive the fee if the defendant resolves the pending charge or matter at least 10 days prior to the first scheduled trial date.
Status: SIGNED
House Bill 176 – Increases the minimum fine for the first offense of Graffiti from $500 to $1,000 and increases the hours of community service from 200 to 250. It also increases the minimum fine for the second or subsequent offense of graffiti to $2,000 and increases the hours of community service to 500 hours.
Status: SIGNED
House Bill 196 – Allow police to charge a defendant with first-degree robbery if they lure or entice a person who is doing their job from their place of employment to another location for the purpose of robbing them. Currently, a person can only be charged with first-degree robbery if they injure someone, display or imply they have a deadly weapon, are armed with a dangerous instrument or commit the crime against someone 62 years of age or older. Otherwise, the suspect would be charged with second-degree robbery, which carries a prison sentence of up to five years.
Status: HOUSE PASSED, IN SENATE
House Bill 204 – Adds paramedics, EMTs, fire marshals and fire police officers to a list of first responders whose death can result in a first-degree murder charge. According to existing statutes, a person who recklessly causes the death of an on-duty law enforcement officer, corrections employee or firefighter while they are performing their official duties can be charged with first-degree murder and eligible for capital punishment.
Status: SIGNED
House Bill 206 – Increases the penalties for the crime of “sex offender unlawful sexual conduct against a child” when the victim is under 18 and has a cognitive disability. It also amends the definition of “without consent” to help protect those with cognitive disabilities.
Status: SIGNED