SB 144 DE

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Became Law

This Act modernizes the hate crime statute and consolidates related offenses together with the hate crime statute in the Criminal Code. Changes to the hate crime statute include: (1) That the hate crime be motivated, in whole or in part, on a bias. This reflects instances where a hate crime is committed but is only motivated in part by hate in addition to another component. (2) That the focus be on the defendant’s belief or perception. Currently our law focuses on the victim’s actual race, gender, religion, or other immutable characteristic, rather than focusing on the state of mind of the defendant. This change refocuses the inquiry on the defendant’s state of mind, and specifically, what the defendant believes to be true at the time the act was committed. (3) Prohibiting any crime committed in whole or in part on a belief or perception of an immutable characteristic of a group. This Act adds “group” to make clear that a hate crime can be committed because of the hate towards a group at large. In addition, this Act does the following: (1) Combines and updates the existing desecration and desecration of a burial place sections maintaining the existing penalties. (2) Establishes a right of civil remedies to allow individuals to seek relief from hate crime, desecration, and religious symbol burning related injury. (3) Requires law enforcement to report violations and investigations of violations of hate crimes to the Division of Civil Rights and Public Trust. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

• Marie Pinkney Democratic · primary
• Eric Morrison Democratic · primary
• Kendra Johnson Democratic · primary
• Sarah McBride · primary

1. May 20, 2021 Introduced and Assigned to Corrections & Public Safety Committee in Senate · upper
2. Jun 9, 2021 Reported Out of Committee (Corrections & Public Safety) in Senate with 3 Favorable, 3 On Its Merits · upper
3. Jun 14, 2021 Amendment SA 1 to SB 144 - Introduced and Placed With Bill · upper
4. Jun 15, 2021 Amendment SA 1 to SB 144 - Passed By Senate. Votes: 15 YES 6 NO · upper
5. Jun 15, 2021 Passed By Senate. Votes: 15 YES 6 NO · upper
6. Jun 16, 2021 Assigned to Judiciary Committee in House · lower
7. Apr 28, 2022 Amendment HA 1 to SB 144 - Introduced and Placed With Bill · upper
8. May 17, 2022 Tabled in Committee · upper
9. Jun 15, 2022 Reported Out of Committee (Judiciary) in House with 4 Favorable, 5 On Its Merits, 1 Unfavorable · lower
10. Jun 22, 2022 Amendment HA 2 to SB 144 - Introduced and Placed With Bill · upper
11. Jun 23, 2022 Amendment HA 1 to SB 144 - Stricken in House · lower
12. Jun 23, 2022 Amendment HA 2 to SB 144 - Passed In House by Voice Vote · lower
13. Jun 23, 2022 Passed By House. Votes: 37 YES 2 NO 2 ABSENT · lower
14. Jun 28, 2022 Passed By Senate. Votes: 15 YES 6 NO · upper
15. Oct 21, 2022 Signed by Governor · executive