Delaware 152nd General Assembly (2023-2024) Status: Passed Senate Bipartisan · 5 D · 1 R cosponsors

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

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

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 removed

43 line(s) added, 10 removed.

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Latest
Sturgeon DELAWARE STATE SENATE 152nd GENERAL ASSEMBLY SENATE AMENDMENT NO.
Sturgeon & Sen.
1 TO SENATE SUBSTITUTE NO.
Townsend & Sen.
Walsh & Rep.
Osienski Sens.
Hoffner, S.
McBride;
Reps.
Morrison, K.
Williams DELAWARE STATE SENATE 152nd GENERAL ASSEMBLY SENATE SUBSTITUTE NO.
147 AMEND Senate Substitute No.
147 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO COMPUTER-RELATED OFFENSES.
1 for Senate Bill No.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
147 on lines 5 and 9 by deleting “filing” and inserting in lieu thereof “pursuing”.
Section 1.
SYNOPSIS This Amendment replaces the word "filing" with "pursuing" to include all steps in a judicial or administrative proceeding regarding the employee's claim that the employer violated a state or federal employment law protecting the rights of employees.
Amend Subpart K, Subchapter III, Chapter 5, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline 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 rows (7 more)
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Latest
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 1 of 1 Released:
CM Page 2 of 2 Released:
03/05/2024 08:07 AM 5971520129
01/18/2024 09:57 AM 5971520092
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Action History

  1. Assigned to Judiciary Committee in House

  2. Passed By Senate. Votes: 12 YES 8 NO 1 ABSENT

  3. Lifted From Table in Senate

  4. Laid On Table in Senate

  5. Amendment SA 1 to SS 1 - Passed By Senate. Votes: 18 YES 2 NO 1 ABSENT

  6. Amendment SA 1 to SS 1 - Introduced and Placed With Bill

  7. was introduced and adopted in lieu of SB 147

Sponsors

Sponsorship breakdown

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8 sponsors · 0 co-sponsors · 54 not signed on · 7 voted No

Sponsors (8)

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.

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 12 Yea · 8 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 11101
Republican 0600
Unaffiliated 1100
Total 12801
% 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

Official roll call →

Subjects

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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?
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