Delaware 152nd General Assembly (2023-2024) Status: Enacted Bipartisan · 9 D · 1 R cosponsors

HB 201 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POSSESSION OF A FIREARM IN A SAFE SCHOOL AND RECREATION ZONE.

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 June 02, 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.

  • 14 sponsors

    14 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (9 D · 1 R) — cross-party backing.

  • 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

As of April 4, 2023, 74 people have been killed or injured by guns in schools this year in 13 separate school shootings. School shootings hit a record high in 2022 with 46 shootings, surpassing 2021’s record of 42 shootings. In 2022, 43,450 children experienced a school shooting. The purpose of this bill is to enable a police officer to act immediately when the officer sees or suspects that a person possesses a firearm in a Safe School and Recreation Zone. This Act establishes the crime of Possession of a firearm in a Safe School and Recreation Zone as a class E felony. This bill makes it a crime for a person to possess a firearm in a Safe School and Recreation Zone except a police officer or a constable or active-duty member of the armed forces who are acting in an official capacity within for the Safe School and Recreation Zone. The bill also exempts holders of a valid license to carry concealed weapons but only if the firearm is in a vehicle. The possession of a firearm under this bill does not apply if (1) the person is on private property which is not part of school grounds; (2) the firearm is in a locked container or locked firearms rack that is on or in a motor vehicle; or (3) when engaged in lawful hunting, firearms instruction, or firearm-related sports on public lands not belonging to a school. This bill provides that in addition to other penalties, a student who possesses a firearm in a Safe School and Recreation Zone, shall be expelled for a period of not less than 90 days, but the local school board or charter school board of directors may, on a case-by-case basis, modify the terms of the expulsion. This Act repeals the crime of Possession of a Weapon in a Safe School and Recreation Zone, but provides a Savings Clause which enables a prosecution for such crime if the offense occurred before the repeal is enacted.

Bill Text

What changed in the latest version

131 added · 29 removed

131 line(s) added, 29 removed.

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Previous
Latest
Schwartzkopf HOUSE OF REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Schwartzkopf & Rep.
3 TO HOUSE BILL NO.
Longhurst & Sen.
201 AMEND House Bill No.
S.
201 by adding after line 85 and before line 86 the following:
McBride & Rep.
"(5) Employees of the Department of Services for Children, Youth, and Their Families who are authorized by the Secretary of the Department to carry a firearm while acting in the employee's official capacity." "(6) Probation and parole officers acting within the officer's official capacity." FURTHER AMEND House Bill No.
Griffith & Rep.
201 on line 64 by adding after “title” and before “.” as they appear therein, the following:
Heffernan & Rep.
“and includes BB guns”.
Minor-Brown & Rep.
FURTHER AMEND House Bill No.
Romer & Rep.
201 by striking lines 69 to 70 in their entirety in inserting in lieu thereof the following:
Bush Reps.
“by any public or private school including any kindergarten elementary, secondary, or vocational-technical school.” FURTHER AMEND House Bill No.
Baumbach, K.
201 by striking lines 71 to 72 in their entirety in inserting in lieu thereof the following:
Williams;
“b.
Sens.
Any motor vehicle owned, operated, leased, or rented by any public or private school including any kindergarten, elementary, secondary, or vocational-technical school.” FURTHER AMEND House Bill No.
Gay, Hoffner, Huxtable, Sokola, Sturgeon, Townsend HOUSE OF REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE BILL NO.
201 on line 95 by striking “90” at it appears therein and inserting in lieu thereof:
201 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POSSESSION OF A FIREARM IN A SAFE SCHOOL AND RECREATION ZONE.
“180”.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
FURTHER AMEND House Bill No.
Section 1.
201 on line 97 by striking “90” at it appears therein and inserting in lieu thereof:
Amend Subchapter VII, Title 11 of the Delaware Code by making deletions as shown by strike though and additions as shown by underline as follows:
“180”.
§ 1457.
SYNOPSIS This amendment provides that probation and parole officers and certain employees of the Department of Services for Children, Youth and Their Families may carry a firearm within a Safe School and Recreation Zone while acting within their official capacity.
Possession of a weapon in a Safe School and Recreation Zone;
This amendment also clarifies the definition of “Safe School and Recreation Zone and firearm to include BB guns.
class D, E, or F felony;
Finally, this amendment provides that a student who possesses a firearm in a Safe School and Recreation Zone shall be expelled for a period of not less than 180 days, but the local school board or charter school board of directors, may on a case-by-case basis, modify the terms of the expulsion to less than 180 days.
class A or B misdemeanor.
[Repealed.] (a) Any person who commits any of the offenses described in subsection (b) of this section, or any juvenile who possesses a firearm or other deadly weapon, and does so while in or on a “Safe School and Recreation Zone” shall be guilty of the crime of possession of a weapon in a Safe School and Recreation Zone.
(b) The underlying offenses in Title 11 shall be:
(1) Section 1442.
— Carrying a concealed deadly weapon;
class G felony;
class D felony.
(2) Section 1444.
— Possessing a destructive weapon;
class E felony.
(3) Section 1446.
— Unlawfully dealing with a switchblade knife;
unclassified misdemeanor.
(4) Section 1448.
— Possession and purchase of deadly weapons by persons prohibited;
class F felony.
(5) Section 1452.
— Unlawfully dealing with knuckles-combination knife;
class B misdemeanor.
(6) Section 1453.
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— Unlawfully dealing with martial arts throwing star;
class B misdemeanor.
(7) Section 1466.
—Manufacture, sale, transport, transfer, purchase, receipt, and possession of assault weapons;
class E or F felony.
(c) For the purpose of this section, “Safe School and Recreation Zone” shall mean:
(1) Any building, structure, athletic field, sports stadium or real property owned, operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary or vocational- technical school or any college or university, within 1,000 feet thereof;
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06/02/2023 02:27 PM (2) Any motor vehicle owned, operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary, or vocational-technical school or any college or university;
or (3) Any building or structure owned, operated, leased or rented by any county or municipality, or by the State, or by any board, agency, commission, department, corporation or other entity thereof, or by any private organization, which is utilized as a recreation center, athletic field or sports stadium.
(d) Nothing in this section shall be construed to preclude or otherwise limit a prosecution of or conviction for a violation of this chapter or any other provision of law.
A person may be convicted both of the crime of possession of a weapon in a Safe School and Recreation Zone and of the underlying offense as defined elsewhere by the laws of the State.
(e) It shall not be a defense to a prosecution for a violation of this section that the person was unaware that the prohibited conduct took place on or in a Safe School and Recreation Zone.
(f) It shall be an affirmative defense to a prosecution for a violation of this section that the weapon was possessed pursuant to an authorized course of school instruction, or for the purpose of engaging in any school-authorized sporting or recreational activity.
The affirmative defense established in this section shall be proved by a preponderance of the evidence.
Nothing herein shall be construed to establish an affirmative defense with respect to a prosecution for any offense defined in any other section of this chapter.
(g) It is an affirmative defense to prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence, and that no person under the age of 18 was present in such private residence at any time during the commission of the offense.
The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence.
Nothing herein shall be construed to establish an affirmative defense with respect to a prosecution for an offense defined in any other section of this chapter.
(h) This section shall not apply to any law-enforcement or police officer, or to any “private security guard” defined in § 1302(20) of Title 24.
(i) For purposes of this section only, “deadly weapon” shall include any object described in § 222(6) or (13) of this title or BB guns.
(j) The penalty for possession of a weapon in a Safe School and Recreation Zone shall be:
(1) If the underlying offense is a class B misdemeanor, the crime shall be a class A misdemeanor;
(2) If the underlying offense is an unclassified misdemeanor, the crime shall be a class B misdemeanor;
(3) If the underlying offense is a class E, F, or G felony, the crime shall be one grade higher than the underlying offense.
(4) If the underlying offense is a class D felony, the crime shall also be a class D felony.
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06/02/2023 02:27 PM (5) In the event that an elementary or secondary school student possesses a firearm in a Safe School and Recreation Zone in addition to any other penalties contained in this section, the student shall be expelled by the local school board or charter school board of directors for a period of not less than 180 days unless otherwise provided for in federal or state law.
The local school board or charter school board of directors may, on a case by case basis, modify the terms of the expulsion.
(6) In the event that an elementary or secondary school student possesses a deadly weapon other than a firearm in a Safe School and Recreation Zone in addition or as an alternative to any other penalties contained in this section, the student may be suspended for a period of not less than 30 days unless otherwise provided for in federal or state law.
The local school board or charter school board of directors may, on a case by case basis, modify the terms of the suspension.
§ 1457A.
Possession of a firearm in a Safe School and Recreation Zone;
class E felony.
(a) As used in this section:
(1) “Constable” means as licensed under Chapter 56 of Title 24.
(2) “Firearm” means as defined in § 222 of this title and includes a destructive weapon as defined in § 1444(a) and (c) of this title.
(3) “Police officer” means as defined in § 8401 of this title.
(4) “Safe School and Recreation Zone” means all of the following:
a.
Any building, structure, athletic field, sports stadium or real property owned, operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary or vocational-technical school or within 1,000 feet thereof.
b.
Any motor vehicle owned, operated, leased or rented by any public or private school including, but not limited to, any kindergarten, elementary, secondary, or vocational-technical school.
c.
Any building or structure owned, operated, leased or rented by any county or municipality, or by the State, or by any board, agency, commission, department, corporation or other entity thereof, or by any private organization, which is utilized as a recreation center, athletic field or sports stadium.
(b) Any person who knowingly possesses a firearm while in or on a Safe School and Recreation Zone shall be guilty of the crime of possession of a firearm in a Safe School and Recreation Zone.
(c) Subsection (b) of this section shall not apply to any of the following:
(1) A police officer.
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06/02/2023 02:27 PM (2) A constable employed by a school district who is acting in an official capacity within a Safe School and Recreation Zone.
(3) An active-duty member of the United States Armed Forces or Delaware National Guard who is acting in an official capacity within a Safe School and Recreation Zone.
(4) A holder of a valid license to carry concealed deadly weapons under § 1441 but only if the firearm is in a vehicle.
(d) Subsection (b) of this section does not apply to the possession of a firearm in any of the following circumstances:
(1) On private property not part of school grounds.
(2) A firearm in a locked container or locked firearms rack that is in or on a motor vehicle.
(3) When engaged in lawful hunting, firearm instruction, or firearm-related sports on public lands, other than those belonging to a public or private school.
(e) A person who violates this section is guilty of a class E felony.
(f) In the event that an elementary or secondary school student possesses a firearm in a Safe School and Recreation Zone, in addition to any other penalties contained in this section, the student shall be expelled by the local school board or charter school board of directors for a period of not less than 90 days unless otherwise provided for in federal or state law.
The local school board or charter school board of directors may, on a case-by-case basis, modify the terms of the expulsion to less than 90 days.
Section 2.
This Act does not affect any prosecution under § 1457 of Title 11 if the offense occurred before the effective date of this repeal.
SYNOPSIS As of April 4, 2023, 74 people have been killed or injured by guns in schools this year in 13 separate school shootings.
School shootings hit a record high in 2022 with 46 shootings, surpassing 2021’s record of 42 shootings.
In 2022, 43,450 children experienced a school shooting.
The purpose of this bill is to enable a police officer to act immediately when the officer sees or suspects that a person possesses a firearm in a Safe School and Recreation Zone.
This Act establishes the crime of Possession of a firearm in a Safe School and Recreation Zone as a class E felony.
This bill makes it a crime for a person to possess a firearm in a Safe School and Recreation Zone except a police officer or a constable or active-duty member of the armed forces who are acting in an official capacity within for the Safe School and Recreation Zone.
The bill also exempts holders of a valid license to carry concealed weapons but only if the firearm is in a vehicle.
The possession of a firearm under this bill does not apply if (1) the person is on private property which is not part of school grounds;
(2) the firearm is in a locked container or locked firearms rack that is on or in a motor vehicle;
or (3) when engaged in lawful hunting, firearms instruction, or firearm-related sports on public lands not belonging to a school.
This bill provides that in addition to other penalties, a student who possesses a firearm in a Safe School and Recreation Zone, shall be expelled for a period of not less than 90 days, but the local school board or charter school board of directors may, on a case-by-case basis, modify the terms of the expulsion.
This Act repeals the crime of Possession of a Weapon in a Safe School and Recreation Zone, but provides a Savings Clause which enables a prosecution for such crime if the offense occurred before the repeal is enacted.
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Action History

  1. Signed by Governor

  2. Passed By House. Votes: 37 YES 4 NO

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

  4. Amendment SA 3 to HB 201 - Passed By Senate. Votes: 21 YES

  5. Amendment SA 2 to HB 201 - Defeated By Senate. Votes: 6 YES 14 NO 1 NOT VOTING

  6. Amendment SA 1 to HB 201 - Defeated By Senate. Votes: 6 YES 15 NO

  7. Amendment SA 3 to HB 201 - Introduced and Placed With Bill

  8. Lifted From Table in Senate

  9. Amendment SA 2 to HB 201 - Introduced and Placed With Bill

  10. Amendment SA 1 to HB 201 - Introduced and Placed With Bill

  11. Laid On Table in Senate

  12. Reported Out of Committee (Executive) in Senate with 1 Favorable, 4 On Its Merits

  13. Assigned to Executive Committee in Senate

  14. Passed By House. Votes: 35 YES 4 NO 2 ABSENT

  15. Amendment HA 3 to HB 201 - Passed In House by Voice Vote

  16. Amendment HA 1 to HB 201 - Stricken in House

  17. Amendment HA 1 to HB 201 - Introduced and Placed With Bill

  18. Reported Out of Committee (Administration) in House with 1 Favorable, 2 On Its Merits

  19. Introduced and Assigned to Administration Committee in House

Sponsors

Sponsorship breakdown

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14 sponsors · 0 co-sponsors · 48 not signed on · 4 voted No

Sponsors (14)

Co-sponsors (0)

None.

Not signed on (48)

48 members have not signed on to this bill.

Show all 48 →

"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 37 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 20000
Republican 9400
Total 37400
% of votes cast 90%10%0%0%
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 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 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 Nay
Ronald E. Gray Republican Yea
Shannon Morris Republican Nay
Timothy D. Dukes Republican Yea

Official roll call →

SM

Passed 35 Yea · 4 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 7001
Democratic 19001
Republican 9400
Total 35402
% of votes cast 85%10%0%5%
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 — Not Voting
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 Yea
Sherae'a Moore Democratic Not Voting
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 Nay
Ronald E. Gray Republican Yea
Shannon Morris Republican Nay
Timothy D. Dukes Republican Yea

Official roll call →

Subjects

public-safety education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 201 do?
As of April 4, 2023, 74 people have been killed or injured by guns in schools this year in 13 separate school shootings. School shootings hit a record high in 2022 with 46 shootings, surpassing 2021’s record of 42 shootings. In 2022, 43,450 children experienced a school shooting. The purpose of this bill is to enable a police officer to act immediately when the officer sees or suspects that a person possesses a firearm in a Safe School and Recreation Zone. This Act establishes the crime of Possession of a firearm in a Safe School and Recreation Zone as a class E felony. This bill makes it a crime for a person to possess a firearm in a Safe School and Recreation Zone except a police officer or a constable or active-duty member of the armed forces who are acting in an official capacity within for the Safe School and Recreation Zone. The bill also exempts holders of a valid license to carry concealed weapons but only if the firearm is in a vehicle. The possession of a firearm under this bill does not apply if (1) the person is on private property which is not part of school grounds; (2) the firearm is in a locked container or locked firearms rack that is on or in a motor vehicle; or (3) when engaged in lawful hunting, firearms instruction, or firearm-related sports on public lands not belonging to a school. This bill provides that in addition to other penalties, a student who possesses a firearm in a Safe School and Recreation Zone, shall be expelled for a period of not less than 90 days, but the local school board or charter school board of directors may, on a case-by-case basis, modify the terms of the expulsion. This Act repeals the crime of Possession of a Weapon in a Safe School and Recreation Zone, but provides a Savings Clause which enables a prosecution for such crime if the offense occurred before the repeal is enacted.
Who sponsors HB 201?
HB 201 is sponsored by Bryan Townsend (Democratic), Laura V. Sturgeon (Democratic), David P. Sokola (Democratic), Kendra Johnson (Democratic), Brian Pettyjohn (Republican), William Bush (Democratic), Cyndie Romer (Democratic), Trey Paradee (Democratic), Russell Huxtable (Democratic), Nicole Poore (Democratic), Peter C. Schwartzkopf, Valerie Longhurst, Sarah McBride, and Paul S. Baumbach.
What is the current status of HB 201?
This bill has been enacted into law. Introduced June 02, 2023. Enacted.
Where can I track HB 201?
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