Delaware 152nd General Assembly (2023-2024) Status: Enacted Bipartisan · 9 D · 6 R cosponsors

HB 91 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO OFFENSES INVOLVING PROPERTY.

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 March 24, 2023. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 20 sponsors

    20 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (9 D · 6 R) — cross-party backing.

  • 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 removed

43 line(s) added, 11 removed.

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Latest
Bush HOUSE OF REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Bush & Sen.
1 TO HOUSE BILL NO.
Hansen Reps.
91 AMEND House Bill No.
Bolden, Briggs King, Chukwuocha, Cooke, Gray, Hilovsky, K.
91 on line 9 by inserting “(other than a service drop line)” after “lines” and before the semi-colon.
Johnson, Morris, Osienski, Schwartzkopf, D.
FURTHER AMEND House Bill No.
Short, K.
91 on line 16 by inserting “(other than a service drop line or wire)” after “wires” and before the semi-colon.
Williams;
SYNOPSIS This Amendment excludes damage to a service drop line from the definition of “critical utility infrastructure.” Such an offense is still criminal mischief.
Sens.
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 rows (27 more)
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Latest
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.
KL :
LTK :
DS Page 1 of 1 Released:
MAW Page 1 of 2 Released:
04/25/2023 03:28 PM 3501520100
03/24/2023 10:12 AM (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
View plain text versions (3)

Action History

  1. Signed by Governor

  2. Passed By House. Votes: 39 YES 1 NO 1 ABSENT

  3. Passed By Senate. Votes: 19 YES 2 ABSENT

  4. Amendment SA 1 to HB 91 - Passed By Senate. Votes: 19 YES 2 ABSENT

  5. Amendment SA 1 to HB 91 - Introduced and Placed With Bill

  6. Reported Out of Committee (Judiciary) in Senate with 6 On Its Merits

  7. Assigned to Judiciary Committee in Senate

  8. Passed By House. Votes: 36 YES 1 NO 4 ABSENT

  9. Amendment HA 1 to HB 91 - Passed In House by Voice Vote

  10. Reported Out of Committee (Public Safety & Homeland Security) in House with 6 Favorable

  11. Introduced and Assigned to Public Safety & Homeland Security Committee in House

Sponsors

Sponsorship breakdown

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20 sponsors · 0 co-sponsors · 42 not signed on · 1 voted No

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.

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 39 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7000
Democratic 18101
Republican 14000
Total 39101
% of votes cast 95%2%0%2%
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 Yea
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 Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Nay
Sherae'a Moore Democratic Yea
Sophie Phillips Democratic Not Voting
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeff Hilovsky Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
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 Yea
Timothy D. Dukes Republican Yea
Valerie Jones Giltner Republican Yea

Official roll call →

SM

Passed 19 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 12001
Republican 5001
Unaffiliated 2000
Total 19002
% 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

Official roll call →

SM

Passed 36 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 17102
Republican 11002
Total 36104
% of votes cast 88%2%0%10%
How each member voted (41)
Member Party Vote
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stell Parker Selby — Yea
Valerie Longhurst — Yea
Cyndie Romer Democratic Not Voting
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 Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Nay
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 Not Voting
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeff Hilovsky Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Not Voting
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

Subjects

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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?
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