AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO OFFENSES INVOLVING PROPERTY.
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HB 91 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO OFFENSES INVOLVING PROPERTY.
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 House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 24, 2023. 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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20 sponsors
20 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (9 D · 6 R) — cross-party backing.
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Cleared a recorded vote
Passed 3 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 creates a new offense of Aggravated Criminal Mischief with enhanced penalties (class D felony) applicable when an individual knowingly damages or tampers with critical utility infrastructure intending to disrupt utility services. In recent years, the U.S. Department of Homeland Security (DHS) and the FBI have issued repeated warnings about domestic terrorists and extremist groups targeting critical utility infrastructure. Bulletins issued through DHS’ National Terrorism Advisory System in 2022 warned of a heightened threat environment based, in part, on “continued calls for violence directed at U.S. critical infrastructure.” Physical and computerized attacks on electric utility equipment have reached a 10-year high in 2022. Recent attacks in Washington and North Carolina have caused substantial outages and damage to the power grids in both states.
Bill Text
What changed in the latest version
43 added · 11 removed43 line(s) added, 11 removed.
Bush HOUSE& OFSen. REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE AMENDMENT NO.
1Hansen TOReps. HOUSE BILL NO.
91Bolden, AMENDBriggs HouseKing, BillChukwuocha, No.Cooke, Gray, Hilovsky, K.
91Johnson, onMorris, lineOsienski, 9Schwartzkopf, byD. inserting “(other than a service drop line)” after “lines” and before the semi-colon.
FURTHERShort, AMENDK. House Bill No.
91Williams; on line 16 by inserting “(other than a service drop line or wire)” after “wires” and before the semi-colon.
SYNOPSISSens. This Amendment excludes damage to a service drop line from the definition of “critical utility infrastructure.” Such an offense is still criminal mischief.
Hoffner, Lawson, Mantzavinos, Pettyjohn, Richardson, Sokola, Walsh, Wilson HOUSE OF REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE BILL NO.
91 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO OFFENSES INVOLVING PROPERTY.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.
Amend 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:
§ 811A.
Aggravated criminal mischief;
knowingly damaging critical utility infrastructure;
class D felony.
(a) A person is guilty of aggravated criminal mischief when the person knowingly damages or tampers with critical utility infrastructure with the intent to interrupt or impair utility operations or the delivery, supply, or receipt of utility services.
(b) As used in this section, “critical utility infrastructure” means:
(1) Electric generation, transmission, or distribution facilities;
substations;
transformers;
switching stations;
power lines;
and related infrastructure.
(2) Natural gas, propane, compressed natural gas (CNG), liquid natural gas (LNG), or renewable natural gas (RNG) processing, transmission, or distribution facilities;
pipelines;
compressor stations;
city gates;
metering stations;
regulator stations;
cleaning, processing, and upgrading facilities;
storage facilities or terminals;
and related infrastructure.
(3) Drinking water sources;
water transmission lines;
water treatment plants;
water distribution systems;
groundwater monitoring wells;
wastewater treatment plants;
wastewater collection systems;
Show all 67 changed lines (27 more)
and related infrastructure.
(4) Wireline or wireless telecommunications or internet infrastructure;
fiber optic and cable lines and wires;
cell towers;
antennae;
receivers;
and related infrastructure.
(5) Any crude oil or refined petroleum product storage and distribution facilities;
valve sites;
pipelines or pipeline interconnections;
pump stations or metering stations;
loading or offloading facilities;
and related infrastructure.
KLLTK :
DSMAW Page 1 of 12 Released:
04/25/202303/24/2023 03:2810:12 PMAM 3501520100(c) The provisions of this section shall not apply to an employee or contractor acting in the scope of their employment providing services or maintenance to critical utility infrastructure.
(d) Aggravated criminal mischief is a class D felony.
SYNOPSIS This Act creates a new offense of Aggravated Criminal Mischief with enhanced penalties (class D felony) applicable when an individual knowingly damages or tampers with critical utility infrastructure intending to disrupt utility services.
In recent years, the U.S.
Department of Homeland Security (DHS) and the FBI have issued repeated warnings about domestic terrorists and extremist groups targeting critical utility infrastructure.
Bulletins issued through DHS’ National Terrorism Advisory System in 2022 warned of a heightened threat environment based, in part, on “continued calls for violence directed at U.S.
critical infrastructure.” Physical and computerized attacks on electric utility equipment have reached a 10-year high in 2022.
Recent attacks in Washington and North Carolina have caused substantial outages and damage to the power grids in both states.
HD :
LTK :
MAW Page 2 of 2 Released:
03/24/2023 10:12 AM 2141520060
Show all 67 changed rows (27 more)
Action History
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Signed by Governor
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Passed By House. Votes: 39 YES 1 NO 1 ABSENT
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Passed By Senate. Votes: 19 YES 2 ABSENT
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Amendment SA 1 to HB 91 - Passed By Senate. Votes: 19 YES 2 ABSENT
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Amendment SA 1 to HB 91 - Introduced and Placed With Bill
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Reported Out of Committee (Judiciary) in Senate with 6 On Its Merits
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Assigned to Judiciary Committee in Senate
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Passed By House. Votes: 36 YES 1 NO 4 ABSENT
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Amendment HA 1 to HB 91 - Passed In House by Voice Vote
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Reported Out of Committee (Public Safety & Homeland Security) in House with 6 Favorable
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Introduced and Assigned to Public Safety & Homeland Security Committee in House
Sponsors
- David L. Wilson · Primary
- John "Jack" Walsh · Primary
- David P. Sokola · Primary
- Bryant L. Richardson · Primary
- Spiros Mantzavinos · Primary
- Brian Pettyjohn · Primary
- Daniel B. Short · Primary
- Edward S. Osienski · Primary
- Shannon Morris · Primary
- Kendra Johnson · Primary
- Laura V. Sturgeon · Primary
- Ronald E. Gray · Primary
- Franklin D. Cooke · Primary
- Darius J. Brown · Primary
- William Bush · Primary
- Sean Matthews · Primary
- Ruth Briggs King · Primary
- Sarah McBride · Primary
- Peter C. Schwartzkopf · Primary
- Valerie Longhurst · Primary
Sponsorship breakdown
Export CSV (upgrade) →20 sponsors · 0 co-sponsors · 42 not signed on · 1 voted No
Sponsors (20)
- David L. Wilson Republican
- John "Jack" Walsh Democratic
- David P. Sokola Democratic
- Bryant L. Richardson Republican
- Spiros Mantzavinos Democratic
- Brian Pettyjohn Republican
- Daniel B. Short Republican
- Edward S. Osienski Democratic
- Shannon Morris Republican
- Kendra Johnson Democratic
- Laura V. Sturgeon Democratic
- Ronald E. Gray Republican
- Franklin D. Cooke Democratic
- Darius J. Brown Democratic
- William Bush Democratic
- Sean Matthews
- Ruth Briggs King
- Sarah McBride
- Peter C. Schwartzkopf
- Valerie Longhurst
Co-sponsors (0)
None.
Not signed on (42)
42 members have not signed on to this bill.
Show all 42 →"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 | 7 | 0 | 0 | 0 |
| Democratic | 18 | 1 | 0 | 1 |
| Republican | 14 | 0 | 0 | 0 |
| Total | 39 | 1 | 0 | 1 |
| % of votes cast | 95% | 2% | 0% | 2% |
How each member voted (41)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 12 | 0 | 0 | 1 |
| Republican | 5 | 0 | 0 | 1 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Total | 19 | 0 | 0 | 2 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Kyle Evans Gay | — | Yea |
| Sarah McBride | — | Yea |
| Bryan Townsend | Democratic | Yea |
| Darius J. Brown | Democratic | Not Voting |
| 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 | Not Voting |
| Dave G. Lawson | Republican | Yea |
| David L. Wilson | Republican | Yea |
| Eric Buckson | Republican | Yea |
| Gerald W. Hocker | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 0 |
| Democratic | 17 | 1 | 0 | 2 |
| Republican | 11 | 0 | 0 | 2 |
| Total | 36 | 1 | 0 | 4 |
| % of votes cast | 88% | 2% | 0% | 10% |
How each member voted (41)
Subjects
Frequently asked questions
- What does HB 91 do?
- This Act creates a new offense of Aggravated Criminal Mischief with enhanced penalties (class D felony) applicable when an individual knowingly damages or tampers with critical utility infrastructure intending to disrupt utility services. In recent years, the U.S. Department of Homeland Security (DHS) and the FBI have issued repeated warnings about domestic terrorists and extremist groups targeting critical utility infrastructure. Bulletins issued through DHS’ National Terrorism Advisory System in 2022 warned of a heightened threat environment based, in part, on “continued calls for violence directed at U.S. critical infrastructure.” Physical and computerized attacks on electric utility equipment have reached a 10-year high in 2022. Recent attacks in Washington and North Carolina have caused substantial outages and damage to the power grids in both states.
- Who sponsors HB 91?
- HB 91 is sponsored by David L. Wilson (Republican), John "Jack" Walsh (Democratic), David P. Sokola (Democratic), Bryant L. Richardson (Republican), Spiros Mantzavinos (Democratic), Brian Pettyjohn (Republican), Daniel B. Short (Republican), Edward S. Osienski (Democratic), Shannon Morris (Republican), Kendra Johnson (Democratic), Laura V. Sturgeon (Democratic), Ronald E. Gray (Republican), Franklin D. Cooke (Democratic), Darius J. Brown (Democratic), William Bush (Democratic), Sean Matthews, Ruth Briggs King, Sarah McBride, Peter C. Schwartzkopf, and Valerie Longhurst.
- What is the current status of HB 91?
- This bill has been enacted into law. Introduced March 24, 2023. Enacted.
- Where can I track HB 91?
- Track HB 91 free on One Click Politics — get push/email alerts when it moves.
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