SB 203 DE

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Became Law

Senate Bill 67, from the first session of the 152nd General Assembly, updated the crime of official misconduct. Senate Bill 67 intended to change the penalty for official misconduct from a class A misdemeanor to a graded system, where the penalty is commensurate to the gravity of the misconduct. This Act makes the following modifications to ensure legislative intent is achieved: (1) The original penalty in § 1211 was not stricken by SB 67. Therefore, it remains in Code as an impermissible floating paragraph under paragraph (a)(5) of § 1211. Despite the addition of the new graded penalty system in SB 67, the floating paragraph states that official misconduct is punishable as a class A misdemeanor. This Act deletes the floating paragraph so that § 1211 is correctly interpreted as imposing a graded penalty system. (2) Paragraph (b)(3) of § 1211 adds “but less than $50,000.” to the end of the description of what constitutes a class F felony. Otherwise, there would be overlap between what dollar amount of harm caused or value received constitutes a class F felony, a class D felony, and a class B felony. (3) Restructures subsection (b) by adding introductory language to clarify when enhanced sentences apply. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

• Brian Pettyjohn Republican · primary
• Kendra Johnson Democratic · primary
• Sean Matthews · primary
• Peter C. Schwartzkopf · primary
• S. Elizabeth Lockman Democratic · primary
• Trey Paradee Democratic · primary
• David P. Sokola Democratic · primary
• Laura V. Sturgeon Democratic · primary
• Bryan Townsend Democratic · primary
• Paul S. Baumbach · primary
• Nicole Poore Democratic · primary
• Russell Huxtable Democratic · primary
• Eric Morrison Democratic · primary
• Michael Ramone · primary
• Sarah McBride · primary

1. Jan 9, 2024 Introduced and Assigned to Judiciary Committee in Senate · upper
2. Mar 6, 2024 Reported Out of Committee (Judiciary) in Senate with 5 On Its Merits · upper
3. Mar 13, 2024 Passed By Senate. Votes: 19 YES 2 NO · upper
4. Mar 14, 2024 Assigned to Judiciary Committee in House · lower
5. May 8, 2024 Reported Out of Committee (Judiciary) in House with 5 On Its Merits, 1 Unfavorable · lower
6. Jun 26, 2024 Passed By House. Votes: 37 YES 4 ABSENT · lower
7. Sep 26, 2024 Signed by Governor · executive