Delaware 151st General Assembly (2021-2022) Status: Enacted 13 D cosponsors

HB 115 — AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO JUVENILE PROSECUTION.

Last action — Signed by Governor

  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 March 16, 2021. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 82% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 18 sponsors

    5 primary, 13 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (13 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

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 the mid-twenties which makes juveniles especially prone to poor decision-making. In the landmark case of Miller v. Alabama, in which the United States Supreme Court prohibited mandatory life sentences without parole for juveniles on the rationale that children are inherently different than adults, the Court relied not only scientific research but on common sense and what any parent knows: kids will be kids. Children in Delaware have minimum ages set for many things: getting a driver’s license, enlisting in the military, applying for a loan or opening a credit card, using a tanning bed, drinking alcohol, and buying tickets to an R-rated movie. This legislation sets a minimum age at which a child may be prosecuted, except for the most extreme offenses. This Bill prohibits the prosecution of children under the age of 12. It also bars the transfer of juvenile prosecution to the Superior Court unless the child is aged 16 or older. The exception to the prohibition on prosecuting children under 12 and transfer to Superior Court for children under 16, is only for the most serious of charges: murder in the first degree, murder in the second degree, rape in the first and rape in the second degree or accused of using, displaying, or discharging a firearm during the commission of a Title 11 or a Title 31 violent felony set forth in § 4201(c) of Title 11. However, the bill allows for the prosecution of children under 12 for title 11 violent felonies and misdemeanor crimes of violence until January 1, 2022, when prosecution of such children will expire and thereafter children under the age of 12 who are suspected of committing a Title 11 violent felony or misdemeanor violent felony will be referred to the Juvenile Offender Civil Citation Program.

Bill Text

Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 21 YES

  3. Reported Out of Committee (Judiciary) in Senate with 3 Favorable, 2 On Its Merits

  4. Assigned to Judiciary Committee in Senate

  5. Passed By House. Votes: 40 YES 1 ABSENT

  6. Reported Out of Committee (Judiciary) in House with 4 Favorable, 5 On Its Merits

  7. Introduced and Assigned to Judiciary Committee in House

Sponsors

Sponsorship breakdown

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5 sponsors · 13 co-sponsors · 44 not signed on

Sponsors (5)

Co-sponsors (13)

Not signed on (44)

44 members have not signed on to this bill.

Show all 44 →

"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 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 11000
Republican 5000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Bruce C. Ennis — Yea
Colin Bonini — Yea
Ernesto B Lopez — Yea
Kyle Evans Gay — Yea
Sarah McBride — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

SM

Passed 40 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 15001
Republican 12000
Total 40001
% of votes cast 98%0%0%2%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
David Bentz — Yea
Gerald L. Brady — Yea
John A. Kowalko — Yea
John L. Mitchell — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stephen Smyk — Yea
Valerie Longhurst — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Not Voting
Sherae'a Moore Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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 115 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 the mid-twenties which makes juveniles especially prone to poor decision-making. In the landmark case of Miller v. Alabama, in which the United States Supreme Court prohibited mandatory life sentences without parole for juveniles on the rationale that children are inherently different than adults, the Court relied not only scientific research but on common sense and what any parent knows: kids will be kids. Children in Delaware have minimum ages set for many things: getting a driver’s license, enlisting in the military, applying for a loan or opening a credit card, using a tanning bed, drinking alcohol, and buying tickets to an R-rated movie. This legislation sets a minimum age at which a child may be prosecuted, except for the most extreme offenses. This Bill prohibits the prosecution of children under the age of 12. It also bars the transfer of juvenile prosecution to the Superior Court unless the child is aged 16 or older. The exception to the prohibition on prosecuting children under 12 and transfer to Superior Court for children under 16, is only for the most serious of charges: murder in the first degree, murder in the second degree, rape in the first and rape in the second degree or accused of using, displaying, or discharging a firearm during the commission of a Title 11 or a Title 31 violent felony set forth in § 4201(c) of Title 11. However, the bill allows for the prosecution of children under 12 for title 11 violent felonies and misdemeanor crimes of violence until January 1, 2022, when prosecution of such children will expire and thereafter children under the age of 12 who are suspected of committing a Title 11 violent felony or misdemeanor violent felony will be referred to the Juvenile Offender Civil Citation Program.
Who sponsors HB 115?
HB 115 is sponsored by Nnamdi O. Chukwuocha (Democratic), Bryan Townsend (Democratic), Darius J. Brown (Democratic), Debra Heffernan (Democratic), Trey Paradee (Democratic), David P. Sokola (Democratic), Franklin D. Cooke (Democratic), Krista Griffith (Democratic), Kendra Johnson (Democratic), Larry Lambert (Democratic), Sean M. Lynn (Democratic), Eric Morrison (Democratic), Madinah Wilson-Anton (Democratic), Valerie Longhurst, John A. Kowalko, Paul S. Baumbach, Sarah McBride, and Sherry Dorsey Walker.
What is the current status of HB 115?
This bill has been enacted into law. Introduced March 16, 2021. Enacted.
Where can I track HB 115?
Track HB 115 free on One Click Politics — get push/email alerts when it moves.

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