SB 285 — AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO RESIDENCY REQUIREMENTS FOR JUSTICE OF THE PEACE COURT CONSTABLES.
Last action — Signed by Governor
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced May 07, 2024. 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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9 sponsors
9 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (5 D · 3 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 bill eliminates the requirement that Justice of the Peace Court constables reside within the State of Delaware. The residency requirement was established when Constables were independent officers, and had their own bonding requirements and penalties for failure to do the business of the Court. Constables are now employees of the Justice of the Peace Court and the residency requirement is no longer needed. The removal of the requirement will allow the Justice of the Peace Court to recruit from a larger pool of candidates and to retain existing trained and skilled employees.
Bill Text
- Bill Text View text Current pdf
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
This bill eliminates the residency requirement for Justice of the Peace Court constables in Delaware.
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§ 2805, Title 10 of the Delaware Code
Every justice of the peace constable appointed pursuant to this chapter shall reside within the State.The requirement for constables to reside in Delaware is removed.
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§ 2805, Title 10 of the Delaware Code
If the constable removes from the State, the office shall thereupon become vacant.The provision stating that the office becomes vacant if the constable moves out of the State is eliminated.
Action History
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Signed by Governor
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Passed By House. Votes: 41 YES
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Reported Out of Committee (Judiciary) in House with 1 Favorable, 7 On Its Merits
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Assigned to Judiciary Committee in House
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Passed By Senate. Votes: 21 YES
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Reported Out of Committee (Judiciary) in Senate with 6 On Its Merits
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Introduced and Assigned to Judiciary Committee in Senate
Sponsors
- Lyndon D. Yearick · Primary
- Timothy D. Dukes · Primary
- David L. Wilson · Primary
- John "Jack" Walsh · Primary
- Marie Pinkney · Primary
- Spiros Mantzavinos · Primary
- Kendra Johnson · Primary
- Darius J. Brown · Primary
- Peter C. Schwartzkopf · Primary
Sponsorship breakdown
Export CSV (upgrade) →9 sponsors · 0 co-sponsors · 53 not signed on
Sponsors (9)
- Lyndon D. Yearick Republican
- Timothy D. Dukes Republican
- David L. Wilson Republican
- John "Jack" Walsh Democratic
- Marie Pinkney Democratic
- Spiros Mantzavinos Democratic
- Kendra Johnson Democratic
- Darius J. Brown Democratic
- Peter C. Schwartzkopf
Co-sponsors (0)
None.
Not signed on (53)
53 members have not signed on to this bill.
Show all 53 →"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 | 20 | 0 | 0 | 0 |
| Republican | 14 | 0 | 0 | 0 |
| Total | 41 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (41)
| 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 |
Subjects
Frequently asked questions
- What does SB 285 do?
- This bill eliminates the requirement that Justice of the Peace Court constables reside within the State of Delaware. The residency requirement was established when Constables were independent officers, and had their own bonding requirements and penalties for failure to do the business of the Court. Constables are now employees of the Justice of the Peace Court and the residency requirement is no longer needed. The removal of the requirement will allow the Justice of the Peace Court to recruit from a larger pool of candidates and to retain existing trained and skilled employees.
- Who sponsors SB 285?
- SB 285 is sponsored by Lyndon D. Yearick (Republican), Timothy D. Dukes (Republican), David L. Wilson (Republican), John "Jack" Walsh (Democratic), Marie Pinkney (Democratic), Spiros Mantzavinos (Democratic), Kendra Johnson (Democratic), Darius J. Brown (Democratic), and Peter C. Schwartzkopf.
- What is the current status of SB 285?
- This bill has been enacted into law. Introduced May 07, 2024. Enacted.
- Where can I track SB 285?
- Track SB 285 free on One Click Politics — get push/email alerts when it moves.
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