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SB 171 DE
Became Law

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO COUNTING INCARCERATED INDIVIDUALS FOR REDISTRICTING PURPOSES.

DE · session 151 · Senate · bill

A state bill is a proposed law in a state legislature — separate from the U.S. Congress. Learn more →

Introduced Jun 4, 2021

Latest action (Sep 8, 2021) Signed by Governor

Summary

This Act provides additional procedures necessary to ensure that incarcerated individuals who were residents of Delaware immediately before their date of incarceration are counted for reapportionment and redistricting purposes at their last known residence as required by law. Specifically, this Act does the following: 1. Clarifies that this law applies to individuals incarcerated in a state correction facility in Delaware. 2. Designates the Department of Elections as the state agency in charge of geocoding the last known residence of these incarcerated individuals. 3. Requires the Department of Correction to provide last known residence information in its possession to the Department of Elections by September 15 of the year of a federal decennial census after the general election of 2022. 4. Requires the Department of Elections to make reasonable efforts to correct last known residence data that is not geocodable. If the Department is not able to geocode the last known address of an incarcerated individual, the Department shall establish the address of the incarcerated individual as the State correctional facility where the individual is incarcerated. 5. Requires the Department of Elections to provide the geocoded last known residence data to the General Assembly by January 15 of the year following a federal decennial census after the general election of 2022. Additionally, Section 2 of this Act makes clear that, while the deadlines in the amended version of § 804A of Title 29 of the Delaware Code only apply prospectively, because the deadlines have passed for purposes of redistricting for the general election of 2022, the intent is that the amended version of § 804A of Title 29 apply for purposes of redistricting for the general election of 2022 and the Department of Correction and Department of Election provide the necessary data as soon as practicable. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Sponsors (8)

1 coauthor / cosponsor

Action history (7)

  1. Jun 4, 2021 Introduced and Assigned to Executive Committee in Senate · upper
  2. Jun 9, 2021 Reported Out of Committee (Executive) in Senate with 6 On Its Merits · upper
  3. Jun 10, 2021 Passed By Senate. Votes: 21 YES · upper
  4. Jun 11, 2021 Assigned to Administration Committee in House · lower
  5. Jun 15, 2021 Reported Out of Committee (Administration) in House with 1 Favorable, 4 On Its Merits · lower
  6. Jun 24, 2021 Passed By House. Votes: 40 YES 1 ABSENT · lower
  7. Sep 8, 2021 Signed by Governor · executive

Text versions (2)

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

  • Bill Text · HTML
  • Bill Text · PDF

Full text

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