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

SB 34 — AN ACT TO AMEND THE DELAWARE CODE RELATING TO CONTROLLED SUBSTANCE OFFENSES.

Last action — Introduced and Assigned to Judicial & Community Affairs Committee in Senate

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

This bill died with 149th General Assembly (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

This Act addresses issues identified following the enactment of the Ned Carpenter Act, 78 Del. Laws, ch. 13, in 2011. Specifically, Sections 1 through 14 of this Act do the following: (1) Simplify Delaware’s controlled substance laws by reducing the number of weight Tiers that are used to categorize the severity of controlled substance offenses. (2) Eliminate aggravating factors, some of which may cause Delaware’s controlled substance laws to be applied unfairly, while maintaining enhanced sentencing for those who violate Delaware’s controlled substance laws within a protected school zone. (3) Provide enhanced minimum mandatory sentences for those who repeatedly commit the highest level drug dealing offenses. (4) Provide statutory guidance for the weighing and sampling procedures used at criminal trials for controlled substances. Sections 15 through 20 of this Act make conforming amendments to the Delaware Code based on changes made by Sections 1 through 14 of this Act. This Act takes effect 90 days after its enactment into law. This Act also makes technical corrections to conform existing law to the guidelines of the Delaware Legislative Drafting Manual. A companion Act, Senate Bill No. 33, codifies one of the aggravating factors eliminated by this Act, § 4751A(1)e.2. of Title 16, as a separate crime.

Bill Text

Action History

  1. Introduced and Assigned to Judicial & Community Affairs Committee in Senate

Sponsors

Sponsorship breakdown

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2 sponsors · 8 co-sponsors · 52 not signed on

Sponsors (2)

Co-sponsors (8)

Not signed on (52)

52 members have not signed on to this bill.

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"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.

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Subjects

public-safety
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Frequently asked questions

What does SB 34 do?
This Act addresses issues identified following the enactment of the Ned Carpenter Act, 78 Del. Laws, ch. 13, in 2011. Specifically, Sections 1 through 14 of this Act do the following: (1) Simplify Delaware’s controlled substance laws by reducing the number of weight Tiers that are used to categorize the severity of controlled substance offenses. (2) Eliminate aggravating factors, some of which may cause Delaware’s controlled substance laws to be applied unfairly, while maintaining enhanced sentencing for those who violate Delaware’s controlled substance laws within a protected school zone. (3) Provide enhanced minimum mandatory sentences for those who repeatedly commit the highest level drug dealing offenses. (4) Provide statutory guidance for the weighing and sampling procedures used at criminal trials for controlled substances. Sections 15 through 20 of this Act make conforming amendments to the Delaware Code based on changes made by Sections 1 through 14 of this Act. This Act takes effect 90 days after its enactment into law. This Act also makes technical corrections to conform existing law to the guidelines of the Delaware Legislative Drafting Manual. A companion Act, Senate Bill No. 33, codifies one of the aggravating factors eliminated by this Act, § 4751A(1)e.2. of Title 16, as a separate crime.
Who sponsors SB 34?
SB 34 is sponsored by John "Jack" Walsh (Democratic), Daniel B. Short (Republican), Peter C. Schwartzkopf, Helene M. Keeley, Earl G. Jaques Jr., Deborah Hudson, Gregory F. Lavelle, Bruce C. Ennis, John L. Mitchell, and Margaret Rose Henry.
What is the current status of SB 34?
This bill died with 149th General Assembly (2017-2018). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 34?
Track SB 34 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 2 months ago · updated continuously

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