HB 22 — AN ACT TO AMEND TITLE 20 OF THE DELAWARE CODE RELATING TO THE DELAWARE NATIONAL GUARD.
Last action — Signed by Governor
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced May 04, 2017. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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9 sponsors
2 primary, 7 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (4 D · 1 R) — cross-party backing.
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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 updates the requirements for Courts-Martial to ensure that all members of the Delaware National Guard receive due process through the military justice system. This legislation amends Title 20 to correct a constitutional defect in the current statute, which fails to provide sufficient appellate process. It further codifies longstanding tradition of giving the Attorney General right of first refusal on all prosecutions to avoid double jeopardy. Provides for misdemeanor courts-martial jurisdiction in any military prosecution with appeal rights to the Superior Court of Delaware. Further, the act reconciles Title 20 with applicable federal law.
Bill Text
- Bill Text View text Current pdf
Action History
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Signed by Governor
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Passed By Senate. Votes: 20 YES 1 ABSENT
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Reported Out of Committee (Veterans Affairs) in Senate with 4 Favorable, 1 On Its Merits
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Assigned to Veterans Affairs Committee in Senate
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Passed By House. Votes: 39 YES 2 ABSENT
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Amendment HA 1 to HS 1 - Passed In House by Voice Vote
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Amendment HA 1 to HS 1 - Introduced and Placed With Bill
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Reported Out of Committee (Veterans Affairs) in House with 2 Favorable, 15 On Its Merits
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Adopted in lieu of the original bill HB 22, and Assigned to Veterans Affairs Committee in House
Sponsors
- Bryan Townsend · Primary
- Gerald W. Hocker · Cosponsor
- William J. Carson · Cosponsor
- Sean M. Lynn · Cosponsor
- Trey Paradee · Cosponsor
- John J. Viola · Cosponsor
- Michael Mulrooney · Cosponsor
- Bruce C. Ennis · Cosponsor
- Earl G. Jaques Jr. · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 7 co-sponsors · 53 not signed on
Sponsors (2)
- Bryan Townsend Democratic
- Earl G. Jaques Jr.
Co-sponsors (7)
- Gerald W. Hocker Republican
- William J. Carson Democratic
- Sean M. Lynn Democratic
- Trey Paradee Democratic
- John J. Viola
- Michael Mulrooney
- Bruce C. Ennis
Not signed on (53)
53 members have not signed on to this bill.
Show all 53 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 0 | 0 | 0 |
| Democratic | 4 | 0 | 0 | 1 |
| Republican | 4 | 0 | 0 | 0 |
| Total | 20 | 0 | 0 | 1 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Anthony Delcollo | — | Yea |
| Brian J. Bushweller | — | Yea |
| Bruce C. Ennis | — | Yea |
| Catherine Cloutier | — | Yea |
| Colin Bonini | — | Yea |
| David B. McBride | — | Yea |
| Ernesto B Lopez | — | Yea |
| F. Gary Simpson | — | Yea |
| Gregory F. Lavelle | — | Yea |
| Harris B. McDowell | — | Yea |
| Margaret Rose Henry | — | Yea |
| Robert Marshall | — | Yea |
| Bryan Townsend | Democratic | Not Voting |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Brian Pettyjohn | Republican | Yea |
| Bryant L. Richardson | Republican | Yea |
| Dave G. Lawson | Republican | Yea |
| Gerald W. Hocker | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 23 | 0 | 0 | 2 |
| Democratic | 7 | 0 | 0 | 0 |
| Republican | 9 | 0 | 0 | 0 |
| Total | 39 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (41)
Subjects
Frequently asked questions
- What does HB 22 do?
- This Act updates the requirements for Courts-Martial to ensure that all members of the Delaware National Guard receive due process through the military justice system. This legislation amends Title 20 to correct a constitutional defect in the current statute, which fails to provide sufficient appellate process. It further codifies longstanding tradition of giving the Attorney General right of first refusal on all prosecutions to avoid double jeopardy. Provides for misdemeanor courts-martial jurisdiction in any military prosecution with appeal rights to the Superior Court of Delaware. Further, the act reconciles Title 20 with applicable federal law.
- Who sponsors HB 22?
- HB 22 is sponsored by Bryan Townsend (Democratic), Gerald W. Hocker (Republican), William J. Carson (Democratic), Sean M. Lynn (Democratic), Trey Paradee (Democratic), John J. Viola, Michael Mulrooney, Bruce C. Ennis, and Earl G. Jaques Jr..
- What is the current status of HB 22?
- This bill has been enacted into law. Introduced May 04, 2017. Enacted.
- Where can I track HB 22?
- Track HB 22 free on One Click Politics — get push/email alerts when it moves.
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