| SCR 69 | Passed | Brown | This Concurrent Resolution makes an addition to the membership of the Port of Wilmington Expansion Task Force ("Task Force"), which was created by Senate Concurrent Resolution No. 47 (153rd General Assembly), by adding New Castle County’s County Executive as a member of the Task Force. | MAKING AMENDMENTS TO THE PORT OF WILMINGTON EXPANSION TASK FORCE ENABLING RESOLUTION. |
| SCR 78 | Passed Senate | Hocker | This Senate Concurrent Resolution proclaims the month of May 2025 "Cystic Fibrosis Awareness Month" in the State of Delaware. | PROCLAIMING THE MONTH OF MAY 2025 "CYSTIC FIBROSIS AWARENESS MONTH" IN THE STATE OF DELAWARE. |
| HB 161 | Committee | Ortega | This Act clarifies the requirements regarding obtaining a permit to operate a funeral establishment.
Technical corrections are also made to existing statutory language to conform with the requirements of the Legislative Drafting Manual.
| AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO FUNERAL ESTABLISHMENT PERMITS. |
| SS 1 for SB 57 | Out of Committee | Hoffner | 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. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POSTCONVICTION REMEDY. |
| SS 1 for SB 58 | Out of Committee | Hoffner | This Act provides a remedy for convicted persons relating to changes in forensic scientific or technical information. Specifically, a convicted person may apply to the Superior Court for relief if certain forensic scientific information was not available to be offered by the convicted person prior to the conviction or if it undermines forensic scientific evidence that was presented at trial. The court must grant relief if (1) the convicted person files an application asserting that the relevant forensic evidence is currently available and was not ascertainable through the exercise of reasonable diligence by the convicted person before or during trial or before the date of entry of a plea, and (2) the court determines that, had the evidence been presented at a trial, there is a reasonable likelihood that the result at trial would have been different or that the convicted person would not have been convicted.
Once a petition for relief is filed, the Superior Court shall set a hearing on the petition, not later than 180 days after the petition was filed, and notify the petitioner and the Department of Justice. The Department of Justice may file a response to the petition within 90 days after its filing. After the hearing, if the court determines that the petitioner has failed to make a prima facie showing that the petitioner is entitled to relief, the court will dismiss the petition in a written opinion. However, if the court determines that the petitioner has made a prima facie showing that the petitioner is entitled to relief, the court shall grant the petitioner discovery on matters relating to the forensic evidence used to obtain the conviction or sentence at issue and hold another hearing to determine whether there is a reasonable likelihood that, had the new evidence been presented at a trial, the convicted person would not have been convicted. If so, the court shall vacate the petitioner's conviction and grant the petitioner's motion for a new trial.
For purposes of the Act, "convicted person" means a person who has received a verdict of guilty by the trier of fact, entered a plea of guilty or a plea of nolo contendere that was accepted by the court, or received a verdict of not guilty by reason of insanity.
This Act is a substitute for and differs from SB 58 in that it clarifies that relevant forensic scientific evidence that may provide a basis for relief is not limited to evidence presented at trial, but rather includes evidence that was presented before trial, at trial, or before the date of entry of a plea.
In addition, this Act differs from SB 58 in that it clarifies that the court must grant relief if the relevant criteria are satisfied.
Finally, this Act differs from SB 58 in that it requires the court to hear a claim within 180 days after the petition was filed, rather than 90 days, and in that it allows the Department of Justice 90 days to respond to a petition, rather than 30 days. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POSTCONVICTION REMEDY. |
| SA 1 to SB 6 | PWB | Townsend | This Amendment clarifies that a health-care provider may determine that a covered health-care service delivered on an expedited basis is an “urgent health-care service.”
In addition, this Amendment provides that any compensation paid to a health-care provider or consulting health-care provider for review of a clean pre-authorization request submitted by a health-care provider other than a physician, or of an appeal from an adverse determination of such a request, may not be contingent upon the outcome of the review. | |
| SB 145 | Committee | Townsend | This Act does the following:
(1) Updates the Workers’ Compensation Act to reflect current practices and technology including enabling workers’ compensations payments to be by made by direct deposit.
(2) Allows the Office of Workers’ Compensation to increase the reimbursement percentage of activities from 66.6% to 100%. This ensures that the inspection and safety functions of the Division of Industrial Affairs are fully covered as they are partially covered right now. Insurance carriers pay the assessment imposed by this section. The annual budget process provides caps or spend authorities on these appropriated special funds on an annual basis.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
| AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO WORKERS' COMPENSATION PAYMENTS. |
| HB 37 | Committee | Morrison | The Delaware Equal Accommodations Law, Chapter 45 of Title 6, prohibits discrimination in places of public accommodation on the basis of race, age, marital status, creed, religion, color, sex, disability, sexual orientation, gender identity, or national origin. This Act ensures that all government services, including those provided directly by government entities and those that are government-funded or supervised, are subject to the same non-discrimination requirements as private businesses by revising the definition of “place of public accommodation”. This Act also creates a definition of “person” that is consistent with similar definitions in the Code.
Sections 2 through 4 of this Act provide enactment instructions because House Bill No. 36 (153rd General Assembly) also revises § 4502(19) of Title 6.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO PUBLIC ACCOMMODATIONS. |
| HS 1 for HB 154 | Out of Committee | Gorman | This Act provides immunity to nonprofit organizations who distribute new secure gun storage and safety devices to individuals so long as the devices are distributed in their original packaging and are unopened. The nonprofit must provide gun safety pamphlets with the distribution of gun storage and safety devices. This Act does not limit any liability on the part of the manufacturer, distributor, or retailer of the secure gun storage or safety device.
HS 1 to HB 154 clarifies that this Act applies to tax-exempt nonprofit organizations and law enforcement agencies. It also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
| AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO GUN SAFETY EQUIPMENT. |
| HB 162 | Committee | Ross Levin | This Act defines a multilevel distribution company and multilevel marketing program for purposes of this Subchapter.
It sets forth mandatory disclosures that must be made by a multilevel distribution company to any potential purchaser that discloses details about the company, sometimes based on certain representations that the company makes.
It sets forth that a multilevel distribution company may not require a participant in its marketing program to buy a good or service or pay any other consideration to participate in the marketing program unless it agrees to repurchase the goods, under certain conditions. It permits a civil penalty to be imposed for violations of the required disclosures. It provides a private right of action for violation of the repurchase requirement, including treble damages, attorneys’ fees and costs to be awarded for a prevailing plaintiff. | AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO MULTILEVEL DISTRIBUTION COMPANIES. |
| SB 146 | Committee | Poore | This Act requires the Department of Health and Social Services, in consultation with the Department of Education, to post existing materials on type 1 diabetes to their website. Each school district shall make the informational materials available to the parents or guardians of students enrolled in their districts. | AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE REQUIREMENT FOR THE DEPARTMENT OF EDUCATION TO PROVIDE INFORMATION ON TYPE 1 DIABETES. |
| SA 1 to SB 82 | Passed | Lockman | This Amendment allows a respondent to submit 1 written request per year during the effective period of the order for a hearing to terminate the order. | |
