AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO COMPUTER-RELATED OFFENSES.
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SB 147 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO COMPUTER-RELATED OFFENSES.
Last action — Assigned to Judiciary Committee in House
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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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 152nd General Assembly (2023-2024). It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
This Act creates a narrow exception to the computer crimes under §§ 932, 933, and 935 of Title 11 because these crimes contain elements broad enough to include actions employees may take to document or report an employer’s violation of state or federal employment laws protecting the rights of employees. In addition to criminal penalties, § 941 of Title 11 allows a civil action for treble damages against an employee for a violation of any provision of §§ 932, 933, or 935 of Title 11. Like Senate Bill No. 147, Senate Substitute No. 1 for SB 147, does all of the following: 1. Provides that an employee is not guilty of a crime under §§ 932, 933, or 935 of Title 11 if the employee’s actions were taken to pursue a claim by an employee that the employer violated a state or federal employment law protecting the rights of employees and the information obtained by the employee was only disclosed for this purpose. 2. Clarifies that if an exemption to a crime under §§ 932, 933, or 935 of Title 11 applies, an employer may not bring a civil action under § 941 of Title 11 against a current or former employee for a violation of §§ 932, 933, or 935 of Title 11. Senate Substitute No. 1 for SB 147 differs from SB 147 by making the following revisions to clarify the narrow intent of this Act: 1. Does not include § 936 of Title 11, destruction of computer equipment, under this exemption. 2. Replaces the words “investigating, exploring, or pursuing” with “reporting or filing”. 3. Requires that the employee accessed computer services or systems as authorized for the employee’s use in the course of the employee’s employment.
Bill Text
What changed in the latest version
43 added · 10 removed43 line(s) added, 10 removed.
Sturgeon DELAWARE& STATESen. SENATE 152nd GENERAL ASSEMBLY SENATE AMENDMENT NO.
1Townsend TO& SENATESen. SUBSTITUTE NO.
Walsh & Rep.
Osienski Sens.
Hoffner, S.
McBride;
Reps.
Morrison, K.
Williams DELAWARE STATE SENATE 152nd GENERAL ASSEMBLY SENATE SUBSTITUTE NO.
147 AN ACT TO AMEND SenateTITLE Substitute11 No.OF THE DELAWARE CODE RELATING TO COMPUTER-RELATED OFFENSES.
1BE forIT SenateENACTED BillBY No.THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
147Section on1. lines 5 and 9 by deleting “filing” and inserting in lieu thereof “pursuing”.
SYNOPSISAmend ThisSubpart AmendmentK, replacesSubchapter theIII, wordChapter "filing"5, withTitle "pursuing"11 toof include all steps in a judicial or administrative proceeding regarding the employee'sDelaware claimCode thatby themaking employerdeletions violatedas ashown stateby orstrike federalthrough employmentand lawinsertions protectingas theshown rightsby ofunderline employees.as follows:
§ 942.
Computer-related offense;
exceptions.
A person is not guilty of a crime under §§ 932, 933, or 935 of this title if all of the following apply:
(1) The employee’s actions were for the purpose of reporting or filing a claim by an employee that the employer violated a state or federal employment law protecting the rights of employees.
(2) The employee accessed computer services or systems as authorized for the employee’s use in the course of the employee’s employment.
(3) Information obtained by the employee was disclosed only for the purpose of reporting or filing a claim by an employee under paragraph (1) of this section.
Section 2.
Amend § 941, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 941.
Remedies of aggrieved persons.
(h) If a person’s actions are not a crime under § 942 of this title, an employer may not use a violation of §§ 932, 933, or 935 of this title to bring an action, claim, counterclaim, or crossclaim against a current or former employee under this section.
SYNOPSIS This Act creates a narrow exception to the computer crimes under §§ 932, 933, and 935 of Title 11 because these crimes contain elements broad enough to include actions employees may take to document or report an employer’s violation of state or federal employment laws protecting the rights of employees.
In addition to criminal penalties, § 941 of Title 11 allows a civil action for treble damages against an employee for a violation of any provision of §§ 932, 933, or 935 of Title 11.
LC :
DIG :
CM Page 1 of 2 Released:
01/18/2024 09:57 AM Like Senate Bill No.
147, Senate Substitute No.
1 for SB 147, does all of the following:
1.
Provides that an employee is not guilty of a crime under §§ 932, 933, or 935 of Title 11 if the employee’s actions were taken to pursue a claim by an employee that the employer violated a state or federal employment law protecting the rights of employees and the information obtained by the employee was only disclosed for this purpose.
2.
Clarifies that if an exemption to a crime under §§ 932, 933, or 935 of Title 11 applies, an employer may not bring a civil action under § 941 of Title 11 against a current or former employee for a violation of §§ 932, 933, or 935 of Title 11.
Senate Substitute No.
1 for SB 147 differs from SB 147 by making the following revisions to clarify the narrow intent of this Act:
1.
Show all 47 changed lines (7 more)
Does not include § 936 of Title 11, destruction of computer equipment, under this exemption.
2.
Replaces the words “investigating, exploring, or pursuing” with “reporting or filing”.
3.
Requires that the employee accessed computer services or systems as authorized for the employee’s use in the course of the employee’s employment.
CM Page 12 of 12 Released:
03/05/202401/18/2024 08:0709:57 AM 59715201295971520092
Show all 47 changed rows (7 more)
Action History
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Assigned to Judiciary Committee in House
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Passed By Senate. Votes: 12 YES 8 NO 1 ABSENT
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Lifted From Table in Senate
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Laid On Table in Senate
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Amendment SA 1 to SS 1 - Passed By Senate. Votes: 18 YES 2 NO 1 ABSENT
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Amendment SA 1 to SS 1 - Introduced and Placed With Bill
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was introduced and adopted in lieu of SB 147
Sponsors
- Brian Pettyjohn · Primary
- Eric Morrison · Primary
- Edward S. Osienski · Primary
- John "Jack" Walsh · Primary
- Bryan Townsend · Primary
- Laura V. Sturgeon · Primary
- Peter C. Schwartzkopf · Primary
- Sarah McBride · Primary
Sponsorship breakdown
Export CSV (upgrade) →8 sponsors · 0 co-sponsors · 54 not signed on · 7 voted No
Sponsors (8)
- Brian Pettyjohn Republican Voted No
- Eric Morrison Democratic
- Edward S. Osienski Democratic
- John "Jack" Walsh Democratic
- Bryan Townsend Democratic
- Laura V. Sturgeon Democratic
- Peter C. Schwartzkopf
- Sarah McBride
Co-sponsors (0)
None.
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 11 | 1 | 0 | 1 |
| Republican | 0 | 6 | 0 | 0 |
| Unaffiliated | 1 | 1 | 0 | 0 |
| Total | 12 | 8 | 0 | 1 |
| % of votes cast | 57% | 38% | 0% | 5% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Kyle Evans Gay | — | Nay |
| Sarah McBride | — | Yea |
| Bryan Townsend | Democratic | Yea |
| Darius J. Brown | Democratic | Nay |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Kyra L. Hoffner | Democratic | Yea |
| Laura V. Sturgeon | Democratic | Yea |
| Marie Pinkney | Democratic | Yea |
| Nicole Poore | Democratic | Not Voting |
| Russell Huxtable | Democratic | Yea |
| S. Elizabeth Lockman | Democratic | Yea |
| Spiros Mantzavinos | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Trey Paradee | Democratic | Yea |
| Brian Pettyjohn | Republican | Nay |
| Bryant L. Richardson | Republican | Nay |
| Dave G. Lawson | Republican | Nay |
| David L. Wilson | Republican | Nay |
| Eric Buckson | Republican | Nay |
| Gerald W. Hocker | Republican | Nay |
Subjects
Frequently asked questions
- What does SB 147 do?
- This Act creates a narrow exception to the computer crimes under §§ 932, 933, and 935 of Title 11 because these crimes contain elements broad enough to include actions employees may take to document or report an employer’s violation of state or federal employment laws protecting the rights of employees. In addition to criminal penalties, § 941 of Title 11 allows a civil action for treble damages against an employee for a violation of any provision of §§ 932, 933, or 935 of Title 11. Like Senate Bill No. 147, Senate Substitute No. 1 for SB 147, does all of the following: 1. Provides that an employee is not guilty of a crime under §§ 932, 933, or 935 of Title 11 if the employee’s actions were taken to pursue a claim by an employee that the employer violated a state or federal employment law protecting the rights of employees and the information obtained by the employee was only disclosed for this purpose. 2. Clarifies that if an exemption to a crime under §§ 932, 933, or 935 of Title 11 applies, an employer may not bring a civil action under § 941 of Title 11 against a current or former employee for a violation of §§ 932, 933, or 935 of Title 11. Senate Substitute No. 1 for SB 147 differs from SB 147 by making the following revisions to clarify the narrow intent of this Act: 1. Does not include § 936 of Title 11, destruction of computer equipment, under this exemption. 2. Replaces the words “investigating, exploring, or pursuing” with “reporting or filing”. 3. Requires that the employee accessed computer services or systems as authorized for the employee’s use in the course of the employee’s employment.
- Who sponsors SB 147?
- SB 147 is sponsored by Brian Pettyjohn (Republican), Eric Morrison (Democratic), Edward S. Osienski (Democratic), John "Jack" Walsh (Democratic), Bryan Townsend (Democratic), Laura V. Sturgeon (Democratic), Peter C. Schwartzkopf, and Sarah McBride.
- What is the current status of SB 147?
- This bill died with 152nd General Assembly (2023-2024). It reached “Passed Senate” 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 147?
- Track SB 147 free on One Click Politics — get push/email alerts when it moves.
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