Delaware 152nd General Assembly (2023-2024) Status: Enacted

HB 276 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SAFE SCHOOL AND RECREATION ZONES.

Last action — Signed by Governor

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  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 January 04, 2024. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    2 primary, 0 co-sponsors signed on.

  • 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

This Act is a follow-up to House Bill No. 201, as amended by House Amendment No. 3 and Senate Amendment No. 3, which was passed in 2023. That bill originally repealed the offense of “Possession of a weapon in a Safe School and Recreation Zone,” which was not actually a separate crime but rather operated as an aggravator and sentence enhancement on certain underlying crimes, and replaced it with “Possession of a firearm in a Safe School and Recreation Zone” which is a separate and self-contained criminal offense. Subsequently Senate Amendment No. 3 was passed and attached to the bill. That amendment separated the “school zone” from the “recreation zone” offenses and was intended to reinstate the original sentence enhancement scheme for offenses in a “Safe Recreation Zone.” This Act reinstates references in the “Safe Recreation Zone” statute to weapons other than firearms and makes other minor technical corrections. This Act also adds a qualified retired law-enforcement officer who is employed or contracted by a school or district to assist with security or investigations to the list of persons exempt from the prohibition on the knowing possession of a firearm in or on a Safe School Zone. It also clarifies that constables employed by a school or a school district and acting in an official capacity are exempt.

Bill Text

Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 15 YES 6 NO

  3. Reported Out of Committee (Executive) in Senate with 5 On Its Merits

  4. Assigned to Executive Committee in Senate

  5. Passed By House. Votes: 35 YES 3 NO 3 ABSENT

  6. Reported Out of Committee (Administration) in House with 2 Favorable, 2 On Its Merits

  7. Assigned to Administration Committee in House

  8. Introduced and Assigned to Judiciary Committee in House

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 60 not signed on · 9 voted No

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (60)

60 members have not signed on to this bill.

Show all 60 →

"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 15 Yea · 6 Nay
Party YeaNayPresentNot Voting
Democratic 13000
Republican 0600
Unaffiliated 2000
Total 15600
% of votes cast 71%29%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 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 →

SM

Passed 35 Yea · 3 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 7000
Democratic 17003
Republican 11300
Total 35303
% of votes cast 85%7%0%7%
How each member voted (41)
Member Party Vote
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stell Parker Selby — Yea
Valerie Longhurst — Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Not Voting
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Not Voting
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Not Voting
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Sophie Phillips 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 Nay
Daniel B. Short Republican Yea
Jeff Hilovsky Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Nay
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 Nay
Timothy D. Dukes Republican Yea
Valerie Jones Giltner Republican Yea

Official roll call →

Subjects

public-safety education
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Frequently asked questions

What does HB 276 do?
This Act is a follow-up to House Bill No. 201, as amended by House Amendment No. 3 and Senate Amendment No. 3, which was passed in 2023. That bill originally repealed the offense of “Possession of a weapon in a Safe School and Recreation Zone,” which was not actually a separate crime but rather operated as an aggravator and sentence enhancement on certain underlying crimes, and replaced it with “Possession of a firearm in a Safe School and Recreation Zone” which is a separate and self-contained criminal offense. Subsequently Senate Amendment No. 3 was passed and attached to the bill. That amendment separated the “school zone” from the “recreation zone” offenses and was intended to reinstate the original sentence enhancement scheme for offenses in a “Safe Recreation Zone.” This Act reinstates references in the “Safe Recreation Zone” statute to weapons other than firearms and makes other minor technical corrections. This Act also adds a qualified retired law-enforcement officer who is employed or contracted by a school or district to assist with security or investigations to the list of persons exempt from the prohibition on the knowing possession of a firearm in or on a Safe School Zone. It also clarifies that constables employed by a school or a school district and acting in an official capacity are exempt.
Who sponsors HB 276?
HB 276 is sponsored by Sarah McBride and Peter C. Schwartzkopf.
What is the current status of HB 276?
This bill has been enacted into law. Introduced January 04, 2024. Enacted.
Where can I track HB 276?
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