HB 183 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ENDANGERING THE WELFARE OF A CHILD.
Last action — Signed by Governor
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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 June 01, 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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26 sponsors
26 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (16 D · 4 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
This Act revises the existing crime of endangering the welfare of a child by providing or permitting a child to consume or inhale unprescribed controlled substances in the following ways: 1. Prohibits a person from intentionally, knowingly, or recklessly making controlled substances or prescription drugs available to a child through exposure, consumption, or inhalation. 2. Creates new penalties for endangering the welfare of a child through exposure, consumption, or inhalation of drugs. This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to expand the scope of an existing crime within the jurisdiction of the Court of Common Pleas, Family Court, or Justice of the Peace Court.
Bill Text
What changed in the latest version
62 added · 16 removed62 line(s) added, 16 removed.
Griffith HOUSE& OFRep. REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE AMENDMENT NO.
1Dorsey TOWalker HOUSE& BILLSen. NO.
183Gay AMEND& HouseSen. Bill No.
183Townsend onReps. line 6 by deleting “The person” after “(7)a.” and before “provides” therein and inserting in lieu thereof “The person”.
FURTHERCarson, AMENDHeffernan, HouseHilovsky, BillRomer, No.Vanderwende, K.
183Williams; on line 7 by inserting “A child dies, suffers a serious physical injury, suffers a physical injury, or suffers a period of altered mental or physical state because the person” after “Title 16.” and before “intentionally” therein.
FURTHERSens. AMEND House Bill No.
183Brown, onBuckson, lineHansen, 8Hocker, byHoffner, deletingHuxtable, “a”Lawson, afterLockman, “to”Mantzavinos, andS. before “child” therein and inserting in lieu thereof “the”.
SYNOPSISMcBride, ThisParadee, AmendmentPettyjohn, clarifiesPinkney, thatPoore, thereRichardson, isSokola, toSturgeon, beWalsh, aWilson connectionHOUSE betweenOF theREPRESENTATIVES child’s152nd exposureGENERAL to,ASSEMBLY consumptionHOUSE of,BILL orNO. inhalation of a controlled substance that is not prescribed to the child by a physician or of a prescription drug that is not a controlled substance but for which a prescription is required and the child’s death, serious physical injury, physical injury, or period of altered mental or physical state.
183 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ENDANGERING THE WELFARE OF A CHILD.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):
Section 1.
Amend § 1102, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1102.
Endangering the welfare of a child;
class A misdemeanor;
class E or G felony.
class B, C, D, E, or G felony.
(a) A person is guilty of endangering the welfare of a child when:
(7)a.
The person provides or permits a child to consume or inhale any substance not prescribed to the child by a physician, as defined in §§ 4714, 4716, 4718, 4720, and 4722 of Title 16.
intentionally, knowingly, or recklessly makes available to a child through exposure, consumption, or inhalation any of the following:
1.
A controlled substance that is not prescribed to the child by a physician.
2.
A prescription drug that is not a controlled substance but for which a prescription is required.
b.
As used in this paragraph (a)(7):
1.
“Controlled substance” means as defined in § 4701 of Title 16.
2.
“Prescription drug” means as defined in § 4701 of Title 16.
(b) Endangering the welfare of a child child, except paragraph (a)(7) of this section, shall be punished as follows:
(1) When the death of a child occurs while the child’s welfare was endangered as defined in subsection (a) of this section, endangering the welfare of a child is a class E felony;
(2) When serious physical injury to a child occurs while the child’s welfare was endangered as defined in subsection (a) of this section, endangering the welfare of a child is a class G felony;
CMCW Page 1 of 12 Released:
06/14/202305/31/2023 03:3203:39 PM 4801520118(3) When a child becomes the victim of a sexual offense as defined in § 761(i) of this title while the child’s welfare was endangered as defined in subsection (a) of this section, endangering the welfare of a child is a class G felony;
(4) In all other cases, endangering the welfare of a child is a class A misdemeanor.
(c) Endangering the welfare of a child, as set forth in paragraph (a)(7) of this section, shall be punished as follows:
(1) When the death of a child occurs while the child’s welfare was endangered as defined in paragraph (a)(7) of this section, endangering the welfare of a child is a class B felony.
Show all 54 changed lines (14 more)
(2) When serious physical injury to a child occurs while the child’s welfare was endangered as defined in paragraph (a)(7) of this section, endangering the welfare of a child is a class C felony.
(3) When physical injury to a child occurs while the child’s welfare was endangered as defined in paragraph (a)(7) of this section, endangering the welfare of a child is a class D felony.
(4) When physical injury to a child does not occur while the child’s welfare was endangered as defined in paragraph (a)(7) of this section, but the child suffers a period of altered mental or physical state, endangering the welfare of a child is a class A misdemeanor.
(c)(d) For the purpose of imposing the penalties prescribed in paragraph (b)(1), (b)(2) or (b)(3) (b)(2), (b)(3), (c)(1), (c)(2), (c)(3), or (c)(4) of this section, it is not necessary to prove the person’s state of mind or liability for causation with regard to the resulting death of or physical injury to the child or child, sexual offense against the child child, or altered mental or physical state of the child, notwithstanding the provisions of § 251, § 252, § 261, § 262, § 263 or § 264 of this title, or any other statutes to the contrary.
SYNOPSIS This Act revises the existing crime of endangering the welfare of a child by providing or permitting a child to consume or inhale unprescribed controlled substances in the following ways:
1.
Prohibits a person from intentionally, knowingly, or recklessly making controlled substances or prescription drugs available to a child through exposure, consumption, or inhalation.
2.
Creates new penalties for endangering the welfare of a child through exposure, consumption, or inhalation of drugs.
This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to expand the scope of an existing crime within the jurisdiction of the Court of Common Pleas, Family Court, or Justice of the Peace Court.
LC :
MJC :
CW Page 2 of 2 Released:
05/31/2023 03:39 PM 3461520015
Show all 54 changed rows (14 more)
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
This amendment clarifies the language regarding the conditions under which a person may be held liable for a child's serious injury or death due to controlled substances.
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The person→ The personThis change maintains the original phrasing while adjusting the context in which it is used.
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A child dies, suffers a serious physical injury, suffers a physical injury, or suffers a period of altered mental or physical state because the person
This addition specifies the outcomes that must be connected to the person's actions involving controlled substances.
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a→ theThis change specifies that the definition applies to 'the child' rather than any child, clarifying the legal text.
Action History
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Signed by Governor
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Passed By Senate. Votes: 21 YES
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Reported Out of Committee (Judiciary) in Senate with 5 Favorable
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Assigned to Judiciary Committee in Senate
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Passed By House. Votes: 40 YES 1 ABSENT
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Amendment HA 1 to HB 183 - Passed In House by Voice Vote
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Amendment HA 1 to HB 183 - Introduced and Placed With Bill
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Reported Out of Committee (Judiciary) in House with 7 On Its Merits, 1 Unfavorable
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Introduced and Assigned to Judiciary Committee in House
Sponsors
- David L. Wilson · Primary
- John "Jack" Walsh · Primary
- David P. Sokola · Primary
- Bryant L. Richardson · Primary
- Nicole Poore · Primary
- Marie Pinkney · Primary
- Trey Paradee · Primary
- Spiros Mantzavinos · Primary
- S. Elizabeth Lockman · Primary
- Franklin D. Cooke · Primary
- Darius J. Brown · Primary
- Brian Pettyjohn · Primary
- Jesse R. Vanderwende · Primary
- Cyndie Romer · Primary
- Laura V. Sturgeon · Primary
- Russell Huxtable · Primary
- William J. Carson · Primary
- Bryan Townsend · Primary
- Kendra Johnson · Primary
- Krista Griffith · Primary
- Stell Parker Selby · Primary
- Sherry Dorsey Walker · Primary
- Sean Matthews · Primary
- Peter C. Schwartzkopf · Primary
- Valerie Longhurst · Primary
- Sarah McBride · Primary
Sponsorship breakdown
Export CSV (upgrade) →26 sponsors · 0 co-sponsors · 36 not signed on
Sponsors (26)
- David L. Wilson Republican
- John "Jack" Walsh Democratic
- David P. Sokola Democratic
- Bryant L. Richardson Republican
- Nicole Poore Democratic
- Marie Pinkney Democratic
- Trey Paradee Democratic
- Spiros Mantzavinos Democratic
- S. Elizabeth Lockman Democratic
- Franklin D. Cooke Democratic
- Darius J. Brown Democratic
- Brian Pettyjohn Republican
- Jesse R. Vanderwende Republican
- Cyndie Romer Democratic
- Laura V. Sturgeon Democratic
- Russell Huxtable Democratic
- William J. Carson Democratic
- Bryan Townsend Democratic
- Kendra Johnson Democratic
- Krista Griffith Democratic
- Stell Parker Selby
- Sherry Dorsey Walker
- Sean Matthews
- Peter C. Schwartzkopf
- Valerie Longhurst
- Sarah McBride
Co-sponsors (0)
None.
Not signed on (36)
36 members have not signed on to this bill.
Show all 36 →"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 |
|---|---|---|---|---|
| Democratic | 13 | 0 | 0 | 0 |
| Republican | 6 | 0 | 0 | 0 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Total | 21 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 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 | Yea |
| 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 | 20 | 0 | 0 | 0 |
| Republican | 12 | 0 | 0 | 1 |
| Total | 40 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (41)
Subjects
Frequently asked questions
- What does HB 183 do?
- This Act revises the existing crime of endangering the welfare of a child by providing or permitting a child to consume or inhale unprescribed controlled substances in the following ways: 1. Prohibits a person from intentionally, knowingly, or recklessly making controlled substances or prescription drugs available to a child through exposure, consumption, or inhalation. 2. Creates new penalties for endangering the welfare of a child through exposure, consumption, or inhalation of drugs. This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to expand the scope of an existing crime within the jurisdiction of the Court of Common Pleas, Family Court, or Justice of the Peace Court.
- Who sponsors HB 183?
- HB 183 is sponsored by David L. Wilson (Republican), John "Jack" Walsh (Democratic), David P. Sokola (Democratic), Bryant L. Richardson (Republican), Nicole Poore (Democratic), Marie Pinkney (Democratic), Trey Paradee (Democratic), Spiros Mantzavinos (Democratic), S. Elizabeth Lockman (Democratic), Franklin D. Cooke (Democratic), Darius J. Brown (Democratic), Brian Pettyjohn (Republican), Jesse R. Vanderwende (Republican), Cyndie Romer (Democratic), Laura V. Sturgeon (Democratic), Russell Huxtable (Democratic), William J. Carson (Democratic), Bryan Townsend (Democratic), Kendra Johnson (Democratic), Krista Griffith (Democratic), Stell Parker Selby, Sherry Dorsey Walker, Sean Matthews, Peter C. Schwartzkopf, Valerie Longhurst, and Sarah McBride.
- What is the current status of HB 183?
- This bill has been enacted into law. Introduced June 01, 2023. Enacted.
- Where can I track HB 183?
- Track HB 183 free on One Click Politics — get push/email alerts when it moves.
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