HJR 4 — ESTABLISHING A TASK FORCE TO REDUCE DRIVING UNDER THE INFLUENCE IN DELAWARE.

Hilovsky HOUSE& OFSen. REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE AMENDMENT NO.

1Pettyjohn TOReps. HOUSE JOINT RESOLUTION NO.

4Romer, AMENDD. House Joint Resolution No.

4Short, onYearick, lineCooke, 14Ortega; by deleting the numeral “11” and inserting in lieu thereof the numeral “13”.

FURTHERSens. AMEND House Joint Resolution No.

4Huxtable, onWilson, lineHocker 16HOUSE byOF insertingREPRESENTATIVES after153rd “Representatives,”GENERAL theASSEMBLY followingHOUSE phrase:JOINT RESOLUTION NO.

“who4 shallESTABLISHING beA co-chair,”.TASK FORCE TO REDUCE DRIVING UNDER THE INFLUENCE IN DELAWARE.

FURTHERWHEREAS, AMENDin Housethe JointState Resolutionof No.Delaware, we strive to ensure our State is as safe for our citizens as possible;

4and onWHEREAS, linedespite 18well-intentioned bylaws insertingin afterthe “Senate,”Delaware Code providing penalties for individuals Driving Under the followingInfluence, phrase:such incidents still occur with more frequency than is acceptable in our State;

“whoand shallWHEREAS, beit co-chair,”.is understood that new drugs and other substances now exist that may render a driver incapable of operating a motor vehicle safely;

FURTHERand AMENDWHEREAS, Houseit Jointis Resolutionthe No.hope that establishing a Task Force to review current Delaware laws regarding Driving Under the Influence, recidivism of such offenders, success of prosecution of offenders, as well as identifying devices that can detect intoxication for substances other than alcohol, will provide insight as to how to decrease instances of individuals Driving Under the Influence in Delaware, whether it be through legislative reform or other means.

4NOW, onTHEREFORE: line 22 by deleting the word “Five” and inserting in lieu thereof the word “Seven”.

FURTHERBE AMENDIT RESOLVED by the House Jointof ResolutionRepresentatives No.and the Senate of the 153 General Assembly of the State of Delaware, with the approval of the Governor, that the Driving Under the Influence Prevention Task Force (Task Force) is hereby established.

4BE byIT insertingFURTHER afterRESOLVED linethat 28the andTask beforeForce lineis 29composed theof following:11 members, as follows:

“(10)(1) The2 Delawaremembers Stateof Policethe Superintendent.House of Representatives;

(11)1 member of the Directormajority party who is appointed by the Speaker of the DelawareHouse officeof Representatives, and 1 member of Highwaythe Safety.”.minority party who is appointed by the House Minority Leader.

FURTHER(2) AMEND2 Housemembers Jointof Resolutionthe No.Senate;

41 member of the majority party who is appointed by deletingthe linesPresident 38Pro Tempore of the Senate, and 39.1 member of the minority party who is appointed by the Senate Minority Leader.

SYNOPSIS(3) ThisThe AmendmentAttorney clarifiesGeneral. that the member of the House of Representatives and the member of the Senate who is appointed by the President Pro Tempore shall be co-chairs and will be responsible for coordinating and convening a date, time, and place for the initial organizational meeting.

It(4) alsoA addsrepresentative from the DelawareCriminal StateDivision Policeof Superintendent and the DirectorDepartment of theJustice Delawareto Officebe ofappointed Highwayby Safety to the TaskAttorney Force.General.

Five members serving by virtue of position, or a designee appointed by the member as follows:

(5) A representative from the judiciary, specifically a judge, who has adjudicated on a DUI matter to be appointed by the President Judge of the Superior Court.

AFJ Page 1 of 13 Released:

06/24/202506/11/2025 09:5511:57 AM 0801530142(6) The Director of the Delaware Probation and Parole Office.

(7) The Director of the Delaware Department of Correction.

(8) The Director of the Delaware Division of Substance Abuse and Mental Health.

(9) The Chief Defender of the Office of Defense Services.

BE IT FURTHER RESOLVED that the Chief Clerk of the House of Representatives shall notify members of the Task Force serving by virtue of their position of selection to serve on the Task Force and notify individuals authorized to appoint members to the Task Force of their appointing authority.

BE IT FURTHER RESOLVED that the Task Force must hold the initial organizational meeting no later than 60 days after enactment of this Act.

BE IT FURTHER RESOLVED that a member serving by virtue of position who is granted the ability to designate another individual to attend a Task Force meeting must provide the designation in writing to the Task Force co-chairs.

An individual attending a meeting for a member serving by virtue of position has the same duties and rights as the member serving by virtue of position.

BE IT FURTHER RESOLVED that the members of the Task Force choose 2 co-chairs from among themselves at the initial organizational meeting.

BE IT FURTHER RESOLVED that the Task Force study and report its findings and recommendations on at least the following topics:

(1) The rate of persons arrested pursuant to the Driving Under the Influence laws in the Delaware Code, and the rate of convictions of said persons for Driving Under the Influence.

(2) The causes of failures to convict persons for Driving under the Influence who were arrested for Driving Under the Influence.

(3) How often the increased penalties for subsequent offenses are imposed.

(4) If the increased penalties are not being imposed, what sentencing guidelines are being followed.

(5) Identification of necessary changes to Delaware’s laws and regulations that would further deter Driving Under the Influence in Delaware, potentially including, but not limited to, raising the amounts of applicable fines, lengthening jail sentences, and potentially providing for mandatory substance abuse treatment or mandatory counseling for those struggling with addiction that cannot be waived as part of a plea bargain.

(6) Identifying detection devices or methods to be utilized by law enforcement to detect intoxication from substances other than alcohol, as well as the associated costs in procuring such devices and training enforcement officers how to utilize them.

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