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Daily Report for 6/25/2021

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

Bill	Current Status	Sponsor	Synopsis	Title
HA 1 to SS 1 for SB 101	Defeated	Minor-Brown	This amendment does all of the following: 1. Strikes a “whereas” clause referencing a University of Delaware study. 2. Eliminates the “notice to terminate or not renew a tenancy” as a triggering event for the right to representation. 3. Eliminates the obligation for the Court to continue the matter if tenant is unrepresented. 4. Requires that a tenant in a case involving rental arrears must be immediately referred to the Delaware Housing Assistance Program, and that part of the legal representation will be assisting a covered individual to apply for and obtain rental assistance. 5. Eliminates the minimum amount of arrears required prior to filing a summary possession action and eliminates the right of redemption. With this amendment, § 5502 of Title 25 will not be changed at all by this Act. 6. Moves the residential eviction diversion program from a “pre-filing” program to “post-filing” and reduces time for a tenant to engage in eviction diversion from 30 to 15 days before conducting any additional proceedings in the case. The amendment preserves the exceptions that would allow a landlord to opt out of participation in the diversion program – i.e., where substantial or irreparable harm to person or property exist. 7. Eliminates the provision requiring a landlord who has already obtained a final judgment that was stayed during the COVID emergency to make a motion to obtain a writ of possession.
HB 258	Committee	Baumbach	This Act provides an August 1 deadline for minor political parties to nominate candidates for a general election. This change is necessary because under current law, the deadline for notification for candidacy for general elections is the same as the deadline for nomination of candidacy from primary elections. Thus, when House Bill No. 30 changes the date for primary elections from September to April, the deadline for minor political parties to nominate candidates for a general election also changes. This Act extends the deadline for minor political parties who are not required to nominate candidates for primary elections until August 1 in the year before the general election. It also revises the names of Part III and Chapter 33 so it is clear which elections are governed by each. This Act takes effect on January 2, 2024, the day after House Bill No. 30 is enacted, and does not take effect if House Bill No. 30 is not enacted. As such, this Act is drafted using the versions of the statutes as amended by House Bill No. 30. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.	AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO CERTIFICATES OF NOMINATION FOR MINOR POLITICAL PARTIES.
HA 2 to SB 147	Defeated	Lynn	Delaware courts have held that factors relevant to a determination of whether a defendant’s use of force was justified are admissible. See, State v. Stephenson, 2014 Del. Super. LEXIS 305 (Del. Super. 2014); Kelly v. State, 981 A.2d 547 (Del. 2008); Tice v. State, 624 A.2d 399 (Del. 1993). Such factors include the defendant’s mental health and intellectual functioning, prior victimization, and knowledge or awareness of the victim’s past acts of violence. This amendment clarifies that, although the standard for use of force is changing from subjective to objective, the change does not alter or foreclose what evidence is admissible to determine whether the use of force by the defendant was justified under the totality of facts and circumstances of the case.

Legislation Passed By Senate

No Legislation Passed By Senate

Legislation Passed By House of Representatives

No Legislation Passed By House

Senate Committee Assignments

House Committee Assignments

Senate Committee Report

No Senate Committee Report

House Committee Report

No House Committee Report

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records