SB 203 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO OFFICIAL MISCONDUCT.
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 Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 09, 2024. 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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15 sponsors
15 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (9 D · 1 R) — cross-party backing.
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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
Senate Bill 67, from the first session of the 152nd General Assembly, updated the crime of official misconduct. Senate Bill 67 intended to change the penalty for official misconduct from a class A misdemeanor to a graded system, where the penalty is commensurate to the gravity of the misconduct. This Act makes the following modifications to ensure legislative intent is achieved: (1) The original penalty in § 1211 was not stricken by SB 67. Therefore, it remains in Code as an impermissible floating paragraph under paragraph (a)(5) of § 1211. Despite the addition of the new graded penalty system in SB 67, the floating paragraph states that official misconduct is punishable as a class A misdemeanor. This Act deletes the floating paragraph so that § 1211 is correctly interpreted as imposing a graded penalty system. (2) Paragraph (b)(3) of § 1211 adds “but less than $50,000.” to the end of the description of what constitutes a class F felony. Otherwise, there would be overlap between what dollar amount of harm caused or value received constitutes a class F felony, a class D felony, and a class B felony. (3) Restructures subsection (b) by adding introductory language to clarify when enhanced sentences apply. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Bill Text
- Bill Text View text Current pdf
Action History
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Signed by Governor
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Passed By House. Votes: 37 YES 4 ABSENT
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Reported Out of Committee (Judiciary) in House with 5 On Its Merits, 1 Unfavorable
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Assigned to Judiciary Committee in House
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Passed By Senate. Votes: 19 YES 2 NO
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Reported Out of Committee (Judiciary) in Senate with 5 On Its Merits
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Introduced and Assigned to Judiciary Committee in Senate
Sponsors
- Eric Morrison · Primary
- Russell Huxtable · Primary
- Nicole Poore · Primary
- Bryan Townsend · Primary
- Laura V. Sturgeon · Primary
- David P. Sokola · Primary
- Trey Paradee · Primary
- S. Elizabeth Lockman · Primary
- Kendra Johnson · Primary
- Brian Pettyjohn · Primary
- Sarah McBride · Primary
- Sean Matthews · Primary
- Peter C. Schwartzkopf · Primary
- Paul S. Baumbach · Primary
- Michael Ramone · Primary
Sponsorship breakdown
Export CSV (upgrade) →15 sponsors · 0 co-sponsors · 47 not signed on · 2 voted No
Sponsors (15)
- Eric Morrison Democratic
- Russell Huxtable Democratic
- Nicole Poore Democratic
- Bryan Townsend Democratic
- Laura V. Sturgeon Democratic
- David P. Sokola Democratic
- Trey Paradee Democratic
- S. Elizabeth Lockman Democratic
- Kendra Johnson Democratic
- Brian Pettyjohn Republican
- Sarah McBride
- Sean Matthews
- Peter C. Schwartzkopf
- Paul S. Baumbach
- Michael Ramone
Co-sponsors (0)
None.
Not signed on (47)
47 members have not signed on to this bill.
Show all 47 →"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 | 5 | 0 | 0 | 2 |
| Democratic | 19 | 0 | 0 | 1 |
| Republican | 13 | 0 | 0 | 1 |
| Total | 37 | 0 | 0 | 4 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (41)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 13 | 0 | 0 | 0 |
| Republican | 4 | 2 | 0 | 0 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Total | 19 | 2 | 0 | 0 |
| % of votes cast | 90% | 10% | 0% | 0% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| 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 |
| Kyra L. Hoffner | Democratic | Yea |
| Laura V. Sturgeon | Democratic | Yea |
| Marie Pinkney | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| 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 | Yea |
| Bryant L. Richardson | Republican | Nay |
| Dave G. Lawson | Republican | Nay |
| David L. Wilson | Republican | Yea |
| Eric Buckson | Republican | Yea |
| Gerald W. Hocker | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 203 do?
- Senate Bill 67, from the first session of the 152nd General Assembly, updated the crime of official misconduct. Senate Bill 67 intended to change the penalty for official misconduct from a class A misdemeanor to a graded system, where the penalty is commensurate to the gravity of the misconduct. This Act makes the following modifications to ensure legislative intent is achieved: (1) The original penalty in § 1211 was not stricken by SB 67. Therefore, it remains in Code as an impermissible floating paragraph under paragraph (a)(5) of § 1211. Despite the addition of the new graded penalty system in SB 67, the floating paragraph states that official misconduct is punishable as a class A misdemeanor. This Act deletes the floating paragraph so that § 1211 is correctly interpreted as imposing a graded penalty system. (2) Paragraph (b)(3) of § 1211 adds “but less than $50,000.” to the end of the description of what constitutes a class F felony. Otherwise, there would be overlap between what dollar amount of harm caused or value received constitutes a class F felony, a class D felony, and a class B felony. (3) Restructures subsection (b) by adding introductory language to clarify when enhanced sentences apply. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
- Who sponsors SB 203?
- SB 203 is sponsored by Eric Morrison (Democratic), Russell Huxtable (Democratic), Nicole Poore (Democratic), Bryan Townsend (Democratic), Laura V. Sturgeon (Democratic), David P. Sokola (Democratic), Trey Paradee (Democratic), S. Elizabeth Lockman (Democratic), Kendra Johnson (Democratic), Brian Pettyjohn (Republican), Sarah McBride, Sean Matthews, Peter C. Schwartzkopf, Paul S. Baumbach, and Michael Ramone.
- What is the current status of SB 203?
- This bill has been enacted into law. Introduced January 09, 2024. Enacted.
- Where can I track SB 203?
- Track SB 203 free on One Click Politics — get push/email alerts when it moves.
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