Delaware 149th General Assembly (2017-2018) Status: Enacted Bipartisan · 2 R · 1 D cosponsors

HB 207 — AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE DRIVING A VEHICLE WHILE UNDER THE INFLUENCE.

Last action — Signed by Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced June 01, 2017. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 8 sponsors

    4 primary, 4 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (2 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

This Act provides judicial economy in the disposition of Driving Under the Influence (“DUI”) offenses by providing a trial for misdemeanor DUI offenses only in the Court of Common Pleas. This Act permits the Justice of the Peace Court to accept guilty pleas and first offender elections. This Act also requires that any offense properly joined with a DUI offense remains so joined for the purpose of trial. Under current Delaware law, all cases are initiated in the Justice of the Peace Court for the purposes of setting bail. On June 30, 2017, the State’s ability to transfer these cases, provided by House Bill 277 of the 147th General Assembly, sunsets. Thereafter, in matters over which the Justice of the Peace and the Court of Common Pleas have concurrent jurisdiction, only the defendant has a statutory right and mechanism (11 Del. C. § 5303) to transfer to the Court of Common Pleas. A single track for the disposition of DUI offenses also provides a mechanism for all DUI offenders to be considered for the specialized, treatment-focused post-adjudication “DUI Court” in the Court of Common Pleas.

Bill Text

Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 12 YES 6 NO 3 NOT VOTING

  3. Reported Out of Committee (Judicial & Community Affairs) in Senate with 3 On Its Merits

  4. Assigned to Judicial & Community Affairs Committee in Senate

  5. Passed By House. Votes: 41 YES

  6. Reported Out of Committee (Judiciary) in House with 7 On Its Merits

  7. Introduced and Assigned to Judiciary Committee in House

Sponsors

Sponsorship breakdown

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4 sponsors · 4 co-sponsors · 54 not signed on · 6 voted No

Sponsors (4)

Co-sponsors (4)

Not signed on (54)

54 members have not signed on to this bill.

Show all 54 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 12 Yea · 6 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 7203
Democratic 5000
Republican 0400
Total 12603
% of votes cast 57%29%0%14%
How each member voted (21)
Member Party Vote
Anthony Delcollo — Not Voting
Brian J. Bushweller — Yea
Bruce C. Ennis — Yea
Catherine Cloutier — Not Voting
Colin Bonini — Nay
David B. McBride — Yea
Ernesto B Lopez — Yea
F. Gary Simpson — Nay
Gregory F. Lavelle — Not Voting
Harris B. McDowell — Yea
Margaret Rose Henry — Yea
Robert Marshall — Yea
Bryan Townsend Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Nicole Poore Democratic Yea
Stephanie L. Hansen Democratic Yea
Brian Pettyjohn Republican Nay
Bryant L. Richardson Republican Nay
Dave G. Lawson Republican Nay
Gerald W. Hocker Republican Nay

Official roll call →

SM

Passed 41 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 25000
Democratic 7000
Republican 9000
Total 41000
% of votes cast 100%0%0%0%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
Bryon H. Short — Yea
Charles Potter Jr. — Yea
David Bentz — Yea
Deborah Hudson — Yea
Earl G. Jaques Jr. — Yea
Gerald L. Brady — Yea
Harvey R. Kenton — Yea
Helene M. Keeley — Yea
James Johnson — Yea
John A. Kowalko — Yea
John J. Viola — Yea
John L. Mitchell — Yea
Joseph E. Miro — Yea
Melanie George Smith — Yea
Michael Mulrooney — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Quinton Johnson — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Stephen Smyk — Yea
Valerie Longhurst — Yea
William R. Outten — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Kimberly Williams Democratic Yea
Sean M. Lynn Democratic Yea
Stephanie T. Bolden Democratic Yea
Trey Paradee Democratic Yea
William J. Carson Democratic Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
David L. Wilson Republican Yea
Jeffrey N. Spiegelman Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

Subjects

public-safety transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 207 do?
This Act provides judicial economy in the disposition of Driving Under the Influence (“DUI”) offenses by providing a trial for misdemeanor DUI offenses only in the Court of Common Pleas. This Act permits the Justice of the Peace Court to accept guilty pleas and first offender elections. This Act also requires that any offense properly joined with a DUI offense remains so joined for the purpose of trial. Under current Delaware law, all cases are initiated in the Justice of the Peace Court for the purposes of setting bail. On June 30, 2017, the State’s ability to transfer these cases, provided by House Bill 277 of the 147th General Assembly, sunsets. Thereafter, in matters over which the Justice of the Peace and the Court of Common Pleas have concurrent jurisdiction, only the defendant has a statutory right and mechanism (11 Del. C. § 5303) to transfer to the Court of Common Pleas. A single track for the disposition of DUI offenses also provides a mechanism for all DUI offenders to be considered for the specialized, treatment-focused post-adjudication “DUI Court” in the Court of Common Pleas.
Who sponsors HB 207?
HB 207 is sponsored by David L. Wilson (Republican), Stephanie L. Hansen (Democratic), Ernesto B Lopez, Margaret Rose Henry, Helene M. Keeley, Daniel B. Short (Republican), Joseph E. Miro, and Ruth Briggs King.
What is the current status of HB 207?
This bill has been enacted into law. Introduced June 01, 2017. Enacted.
Where can I track HB 207?
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