AN ACT TO AMEND TITLE 10 AND 11 OF THE DELAWARE CODE RELATING TO JUVENILES.
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HB 307 — AN ACT TO AMEND TITLE 10 AND 11 OF THE DELAWARE CODE RELATING TO JUVENILES.
Last action — Signed by Governor
No card. One bill, free forever — alerts when it moves.
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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 January 23, 2018. 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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12 sponsors
8 primary, 4 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (5 D).
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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
United States Supreme Court case law and scientific research has changed how we think about juvenile delinquency. We know now that an adolescent’s brain is not fully developed until his/her mid-twenties which makes juveniles especially prone to making poor choices. In the landmark case of Miller v. Alabama, wherein the United States Supreme Court prohibited mandatory life sentences without parole for juveniles, the Court wrote: “Children are constitutionally different from adults for sentencing purposes.” This proposed legislation would repeal and remove all minimum-mandatory sentencing schemes for juveniles adjudicated delinquent in Family Court because children are different than adults. Family Court judges and commissioners would still be able to impose a commitment to a DSCYF secure placement, but would now have the ability to exercise their judicial discretion to fashion an appropriate sentence for an individual juvenile.
Bill Text
- Bill Text View text Current pdf
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
The bill removes minimum-mandatory sentencing for juveniles adjudicated delinquent, allowing judges greater discretion in sentencing.
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§ 1009, Title 10
for at least a 6-month period of institutional confinementEliminates the minimum 6-month mandatory commitment for certain juvenile offenders.
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§ 1009, Title 10
for at least a 12-month period of institutional confinementEliminates the minimum 12-month mandatory commitment for juveniles convicted of specific offenses.
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§ 1448, Title 11
a minimum sentence of 6 months of Level V incarcerationRemoves the minimum sentence for juveniles 14 years or older who are prohibited persons.
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§ 1448, Title 11
a minimum sentence of 1 year of Level V incarceration for a second and subsequent offenseRemoves mandatory minimum sentences for repeat juvenile offenders.
Action History
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Signed by Governor
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Passed By Senate. Votes: 20 YES 1 NO
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Reported Out of Committee (Judicial & Community Affairs) in Senate with 4 On Its Merits
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Assigned to Judicial & Community Affairs Committee in Senate
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Passed By House. Votes: 39 YES 2 ABSENT
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Amendment HA 1 to HB 307 - Passed In House by Voice Vote
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Amendment HA 1 to HB 307 - Introduced and Placed With Bill
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Reported Out of Committee (Judiciary) in House with 6 Favorable, 3 On Its Merits
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Introduced and Assigned to Judiciary Committee in House
Sponsors
- Bryan Townsend · Primary
- Debra Heffernan · Primary
- Sean M. Lynn · Primary
- Trey Paradee · Cosponsor
- Kendra Johnson · Primary
- John A. Kowalko · Cosponsor
- Gerald L. Brady · Cosponsor
- Paul S. Baumbach · Cosponsor
- Charles Potter Jr. · Primary
- Valerie Longhurst · Primary
- Margaret Rose Henry · Primary
- Harris B. McDowell · Primary
Sponsorship breakdown
Export CSV (upgrade) →8 sponsors · 4 co-sponsors · 50 not signed on · 1 voted No
Sponsors (8)
- Bryan Townsend Democratic
- Debra Heffernan Democratic
- Sean M. Lynn Democratic
- Kendra Johnson Democratic
- Charles Potter Jr.
- Valerie Longhurst
- Margaret Rose Henry
- Harris B. McDowell
Co-sponsors (4)
Not signed on (50)
50 members have not signed on to this bill.
Show all 50 →"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 | 11 | 1 | 0 | 0 |
| Democratic | 5 | 0 | 0 | 0 |
| Republican | 4 | 0 | 0 | 0 |
| Total | 20 | 1 | 0 | 0 |
| % of votes cast | 95% | 5% | 0% | 0% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Anthony Delcollo | — | Yea |
| Brian J. Bushweller | — | Yea |
| Bruce C. Ennis | — | Yea |
| Catherine Cloutier | — | Yea |
| Colin Bonini | — | Nay |
| 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 | Yea |
| 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 307 do?
- United States Supreme Court case law and scientific research has changed how we think about juvenile delinquency. We know now that an adolescent’s brain is not fully developed until his/her mid-twenties which makes juveniles especially prone to making poor choices. In the landmark case of Miller v. Alabama, wherein the United States Supreme Court prohibited mandatory life sentences without parole for juveniles, the Court wrote: “Children are constitutionally different from adults for sentencing purposes.” This proposed legislation would repeal and remove all minimum-mandatory sentencing schemes for juveniles adjudicated delinquent in Family Court because children are different than adults. Family Court judges and commissioners would still be able to impose a commitment to a DSCYF secure placement, but would now have the ability to exercise their judicial discretion to fashion an appropriate sentence for an individual juvenile.
- Who sponsors HB 307?
- HB 307 is sponsored by Bryan Townsend (Democratic), Debra Heffernan (Democratic), Sean M. Lynn (Democratic), Trey Paradee (Democratic), Kendra Johnson (Democratic), John A. Kowalko, Gerald L. Brady, Paul S. Baumbach, Charles Potter Jr., Valerie Longhurst, Margaret Rose Henry, and Harris B. McDowell.
- What is the current status of HB 307?
- This bill has been enacted into law. Introduced January 23, 2018. Enacted.
- Where can I track HB 307?
- Track HB 307 free on One Click Politics — get push/email alerts when it moves.
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