CCW and Attachments 1-3

COUNCIL COMMITTEE OF THE WHOLE The Council Committee of the Whole met on March 26, 2024, at 6:01 p.m. with Council President Hare presiding. Members of Council present were Mr. Anderson, Ms. Arndt, Mr. Boggerty, Mr. Lewis, Mr. Neil, Dr. Pillsbury (via WebEx), Mr. Rocha (via WebEx), and Mr. Sudler. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mr. Shevock (via WebEx) and Ms. Smith (Legislative, Finance, and Administration). Dr. Jackson-Short and Ms. Vonderlear Smack (Safety, Advisory, and Transportation) were absent. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Ms. Arndt and unanimously carried. SAFETY, ADVISORY, AND TRANSPORTATION COMMITTEE The Safety, Advisory, and Transportation Committee met with Chairman Lewis presiding. Adoption of Agenda Mr. Neil moved for adoption of the agenda, seconded by Mr. Anderson and unanimously carried. Concerns with Trash Dumping in Lincoln Park (Councilman Sudler) Councilman Sudler reviewed the background regarding the trash dumping complaints in Lincoln Park. Committee Action Not Required. Mr. Eddie Kopp, Chief Code Enforcement Officer explained that trash dumping is an ongoing issue in Lincoln Park, and he is working with the property managers when the trash is on the property. Mr. Kopp stated that one of the issues with the particular property is that the trash is not always dumped on the property; at times, it has been placed in the middle of the right of way. Therefore, public works must go out and pick it up as soon as possible. He explained that there are active cases open regarding the property, and most recently, he has seen trash on the inside of the fence as well as the outside. Mr. Kopp explained that the biggest problem around the city is that once one piece of trash is put out, it triggers everyone to pile more trash up as well. He stated that he dealt with a similar situation in The Hamlet where someone placed a couch outside and then within hours there was a whole house sitting next to the couch. Mr. Kopp stated that no dumping signs have been placed in the area, and he has reached out to the property manager, which is Dover Housing Authority. They were going out every couple of days to pick up the trash, but they cannot keep up with the dumping. Responding to Mr. Sudler, Mr. Kopp stated that he has recommended putting cameras out and moving the fence but there is nothing in the code that allows him to force them to make the changes. He explained that the city has installed signs, and they are trying to be proactive with enforcement but in his opinion, the cameras will not deter the dumping. He believes the best

COUNCIL COMMITTEE OF THE WHOLE MEETING MARCH 26, 2024 PAGE 2 solution would be to move the fence closer to the property line so that there is no longer a small area of grass that can be utilized for dumping. Responding to Mr. Sudler, Mayor Christiansen stated that he would arrange a meeting with Dover Housing Authority and Mr. Kopp to discuss coming up with a solution to possibly move the fence. Mr. Anderson expressed appreciation for Mr. Kopp and his code enforcement team. Mr. Anderson suggested the possibility of holding a neighborhood meeting for people who may be willing to share with the police department information such as ring camera footage. Mr. Anderson also suggested partnering with DNREC, which has a program to set up hidden cameras to help aid in the catching of those dumping in the area. Ms. Arndt explained that clearly, the area has been a longstanding dump site because even on Google Maps there is trash in the photo. Ms. Arndt questioned if putting up flyers in the neighborhood would be beneficial in letting them know that the city is taking a stand and is going to find out who is doing the dumping and enforce the penalties associated. Ms. Smith suggested posting signs offering a reward for information regarding who is dumping the trash. Mr. Lewis stated that he would forward to Mr. Kopp the information he was given regarding the hidden camera program from DNREC. Mr. Lewis explained that they would be willing to collaborate with the city and it would be at no cost to the city. Mr. Lewis stated the only issue he could foresee is that if the individuals dumping walk from down the street rather than pull up in a vehicle to the site may be hard to identify unless they can get a clear picture of their facial features to post on the police department website. Mr. Kopp reiterated that code enforcement's goal is to get it cleaned up, however, they cannot pursue the individuals dumping it. Mr. Lewis stated that Mr. Kopp could be the contact person who collaborates with the police department to assist in getting the people involved identified and to file charges. Mr. Kopp explained that he reaches out to DNREC regularly because items like tires, hazardous waste, and oil must be referred to them. Mr. Sudler moved to recommend approving that the Chief of the Dover Police Department and code enforcement collaborate on the issue of cameras and enforcement of the policies to start the discussion. The motion was seconded by Mr. Anderson and unanimously carried. Legislative Update on Public Safety Legislation (Chief Johnson, Dover Police Chief) Chief Johnson reviewed the background regarding the public safety legislation. Committee Action Not Required.

COUNCIL COMMITTEE OF THE WHOLE MEETING MARCH 26, 2024 PAGE 3 Chief Thomas Johnson, Dover Police Department reviewed House Bill No. 115 – Civil Asset Forfeiture (Attachment #1). Responding to Mr. Boggerty, Chief Johnson stated that in their last meeting, the Special Law Enforcement Assistance Fund (SLEAF), with his abstention, allocated him $45,000 towards replacement night vision goggles for the Special Operations Response Team. He explained that in low-light situations the goggles make it easier for the entry officers to distinguish between a threat and the innocent. Chief Johnson stated that the current equipment is about 15 years old, it is outdated, breaking, and in need of being upgraded. Responding to Mr. Sudler, Chief Johnson stated that they have noticed that a lot of legislation seems to be implementing changes if five or ten other states have done the same. He explained that he is not aware of a large or moderate-sized asset forfeiture situation that would be a good example of the necessity of such. Chief Johnson questioned where the justification in Delaware is. Jeff Horvath, Executive Director of the Delaware Association of Chiefs of Police stated that SLEAF has been under attack before. One example was when an agency in Mississippi seized a farm that had been in a family for a hundred years because the son was using it to make drugs. Mr. Horvath stated that in Delaware, it would not have been seized unless they could show that the property was being used to run an entire drug organization. He stated that when that state makes a change, then legislators propose the same change. Mr. Horvath stated that the Office of Defense Services and the Public Defender's Office are much more aggressive than in past years. Mr. Horvath explained that a lot of agencies use the funds to upgrade technology, provide crucial training to homicide detectives in the State of Delaware among other training, and provide the required sixteen hours of training for the Chiefs. Mr. Neil requested that Chief Johnson provide council with the areas with which he is most concerned so that they could reach out to members of the General Assembly and point out the areas of interest. Responding to Mr. Anderson, Chief Johnson stated that there is a perception that other police departments are going over the top with asset seizures because they are using them to fund the police department or make it easier for councils to not have to allocate as much of the taxpayer dollars to the police department. He explained that the basic core services are not funded by SLEAF. Chief Johnson explained that currently, the General Assembly has control over what happens with seized assets rather than relying on the Attorney General's Office and their oversight. The person who will chair the meeting is the State Prosecutor as the designee of the Attorney General and perhaps some feel that the money should be invested in other areas or at the very least be debated before the budget. There is no guarantee that SLEAF will get any allocation from the state budget as it is written currently. Chief Johnson reviewed the proposed Senate Bill – Law Enforcement Quotas (Attachment #2). Responding to Mayor Christiansen, Chief Johnson stated that there are management formulas that look at productivity. For example, if they were to look at parking tickets and everyone's productivity, there is a formula that says to take the average of all the officers, and everyone that

COUNCIL COMMITTEE OF THE WHOLE MEETING MARCH 26, 2024 PAGE 4 is at least 75% of the average number is in the bottom portion for acceptable productivity. Anyone that fell short of that shows that they did not meet the standard of what their productivity should have been Responding to Mayor Christiansen, Mr. Horvath stated that the current bill as proposed is poorly written. As it is written, an officer not being dispatched to a complaint or investigation could do nothing at all and the chief would have a hard time disciplining him, managing him, or directing him. Mr. Horvath explained that there was a conversation explaining that was not the intent, but he believes that it needs to be clarified. Chief Johnson reviewed House Substitute No.2 for House Bill No.55 – Individuals who are Homeless (Attachment #3). Responding to Mr. Anderson, Chief Johnson stated that the only way that he could have an impact on an individual is if they were within the footage strictly carved out by the code governing sex offenders upon their release. They would have free roam of the streets up to the distances prescribed by the law regarding daycares, schools, and protected institutions. Responding to Mr. Anderson, Chief Johnson stated that he could do nothing if they set up in front of a house in a residential neighborhood. Responding to Mr. Anderson, Chief Johnson stated that he believes that a parking garage would be included as a public area. For example, the parking garage that is under construction for the courts would be public because it uses taxpayer money and is on government land. Responding to Mr. Anderson, Chief Johnson explained that the park ordinance would apply to everyone so they would have to leave if they were visible. However, if you take them out of a parked car and put them behind a tree line where they cannot be seen, then they would have to discover them to address the issue. Mr. Horvath stated that line 103 states “A political subdivision of the state may not adopt any policy including a law ordinance or regulation contrary to subject subsection A, which allows them to occupy public land”. He explained that the city ordinance telling them that they could not be in Silver Lake Park after dark would be invalid because of the bill. Responding to Mr. Sudler, Chief Johnson explained that the bill does not address any one specific behavior, but rather refers to other parts of the code as far as the violation of any particular law. Chief Johnson stated that Seaford attempted to adopt an ordinance to address the individuals walking up and down the medians and obstructing the view of drivers in high-volume intersections. Chief Johnson stated that they are visual obstructions, soliciting, and they are a risk to themselves and a hazard to the free flow of traffic. However, the Attorney General’s Office and the state squashed Seaford's ability to follow through on the ordinance on the grounds of the First Amendment and the individual's right to solicit financial assistance in a public space. Chief Johnson emphasized that the state is not on the same page as the City. An example of that is the current issue of the state not wanting to enforce their own no trespassing signs on state property where people are setting up residences in tents and other mediums within the city.

COUNCIL COMMITTEE OF THE WHOLE MEETING MARCH 26, 2024 PAGE 5 Mr. Sudler asked Chief Johnson to provide council with the key points from the Seaford ordinance so that they may draft language that may help the state level see their viewpoint and what they are confronted with. Responding to Mr. Sudler, Mr. Kopp stated that a car would not constitute a dwelling. Mr. Kopp explained that in the 1970’s, the Department of Housing and Urban Development (HUD) adopted a code that created the standards that transitioned mobile homes into manufactured homes. For example, a shed is not a dwelling, it is an accessory structure. Mr. Kopp explained that an RV or car as stated in the building code is a vehicle, it may be their home, but it is not a dwelling, and it would not fall under the building code. Ms. Smith recommended looking at what other cities the size of Dover are doing in terms of their policies and legislation. Ms. Smith stated that Seattle has an enormous homeless problem and recommended looking at what they are doing to address the issues. Mr. Anderson moved to recommend instructing staff to give extreme concern on the measures to the lobbyists with the DLLG and that staff prepare a draft letter on each of the issues for circulation so that members of council can give their input and express their opinion. The motion was seconded by Mr. Sudler. Mayor Christiansen asked that the letters be prepared in the next seven to ten days so that approval can be obtained before the state is back in session. Mr. Anderson moved to recommend instructing staff to give extreme concern on the measures to the lobbyists with the DLLG and that staff prepare a draft letter on each of the issues for circulation so that members of council can give their input and express their opinion within the next seven to ten days. The motion was seconded by Mr. Sudler and unanimously carried. Mr. Lewis moved for adjournment of the Safety Advisory and Transportation Committee meeting, hearing no objection the meeting adjourned at 7:34 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding. Adoption of Agenda Mr. Boggerty moved for adoption of the agenda, seconded by Mr. Lewis and unanimously carried. Evaluation of Bids – College Road Concrete & Steel (Paul Waddell, Electric Director) Mr. Paul Waddell, Electric Director reviewed the background and analysis regarding the College Road concrete and steel bid. Staff recommended awarding the contract to AUI for RFP#24-0023EL, for $133,405.86.

COUNCIL COMMITTEE OF THE WHOLE MEETING MARCH 26, 2024 PAGE 6 Responding to Mr. Sudler, Mr. Waddell stated that with the demolition of McKee Run, they are having to relocate the functionality of some of the equipment because the switchyard is going away. Therefore, they are moving some of the equipment over to the College Road substation. Mr. Waddell stated that the location is behind the McKee water tower. Responding to Mr. Lewis, Mr. Waddell stated that AUI is out of Maryland. Responding to Mr. Lewis, Mr. Waddell explained that they are seeing the same non- responsiveness to bids. Mr. Waddell stated that some of the reasons they have not heard from contractors are that they do not have the people to do the work, it is not the scope of work they want to do, and they would like to have the opportunity to do larger jobs. Mr. Waddell stated that these are only concrete pads and some steel work and for some contractors, it is not a big enough job. Mr. Hare moved to recommend accepting the staff recommendation. The motion was seconded by Mr. Shevock and unanimously carried. Proposed Ordinance #2024-08 – Amending Appendix C – Downtown Redevelopment, Article II – Definitions, Section 4 – Target Area (David S. Hugg, III, City Manager) Mr. David S. Hugg, III, City Manager reviewed the background to the proposed ordinance #2024- 08. Staff recommended approval of Ordinance #2024-08. Responding to Mr. Lewis, Mr. Hugg stated that the 14 acres include two banks, City Hall, the library, the old post office, and Treadway Towers. The properties included become eligible for both state housing and Downtown Development District incentives, and after adoption, they are eligible for the Downtown City incentives. The projects could potentially include 30 new apartments as well as retail shops at the old post office site, and restaurant redevelopment in Treadway Towers. Mr. Hugg also stated that the city's Downtown Development District program is up for renewal, and they are working with a consultant to create the district that will include areas in multiple directions that will have to come back before council. Mr. Hare moved to recommend accepting the staff recommendation. The motion was seconded by Mr. Shevock and unanimously carried. Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection the meeting adjourned at 7:43 p.m. Mr. Hare moved for adjournment of the Council Committee of the Whole meeting, hearing no objection the meeting adjourned at 7:43 p.m. William F. Hare Council President

COUNCIL COMMITTEE OF THE WHOLE MEETING MARCH 26, 2024 PAGE 7 Attachments Attachment #1 - House Bill No.115 – Civil Asset Forfeiture Attachment #2 - Senate Bill – Law Enforcement Quotas Attachment #3 - House Bill Substitute No.2 for House Bill No.55 – Individuals who are Homeless

ATTACHMENT #1 Council Committee of the Whole Meeting of 3/26/2024 SPONSOR: Rep. K. Williams & Rep. Wilson-Anton & Rep. Longhurst & Rep. Minor-Brown & Sen. Gay & Sen. Townsend & Sen. Lockman Reps. Griffith, Heffernan, K. Johnson, Lambert, Morrison, Neal, Osienski, Phillips; Sens. Hoffner, Sokola, Sturgeon. Walsh HOUSE OF REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE BILL NO. liS AN ACT TO AMEND TITLES II AND 16 RELATfNG TO CIVIL ASSET FORFEITURE. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DEL A WARE: Section I. Amcnd § 4784. Title 16 of thc Delaware Code by making deletions as shown by strike through and 2 insertions as shown by underline as follows: 3 § 4784. Forfeitures. 4 (a) The following sfta.I-!....eeare subject to forfeiture to the State aflE:lllo !"Fo!"erty rigHts SHall ellis! ill tHem: pursuant 5 to the procedure and limitations set forth in this section: 6 (I) All controlled substances which have been manufactured, distributed, possessed, dis!"ellsed dispensed, or 7 acquired in violation of this GHapter: chapter. 8 (2) All raw materials, !"rodtlG!s products, and equipment of any kind which are used, or intended for use, in 9 manufacturing, compounding, processing, delivering, im!"ortillg importing, or exporting any controlled substance in 10 violation of this GHapter; chapter. II (3) Any property which is used, or intended for use, as a container for property described in paragraph (a)( 1), 12 ~or (6) of this ~ section. 13 (4) Aey Except as provided by paragraphs (a)(4)a. through (a)(4)d. of this section, any conveyances, including 14 aircraft, vehicles, or ~vessels, which are used, or are intended for use, to transport, or in any manner to facilitate 15 the transportation, sale. or possession with intent to deliver property described in paragraph (a)(1) or (2) of this se€tHm 16 e)(Gs!,,!tHat: section. 17 a. Ne-A_ vehicle used by any person as a common carrier in the transaction of business as a common 18 carrier is subject to forfeiture under this section ~nly if the State proves by clear and convincing evidence 19 that the owner or other person in charge of the vehicle is a consenting party or privy to a violation of HIe 20 Controlled gl:lestanGes AG!; this chapter. Page 1 of 12 HD: KL: MAW Released: 0410612023 11 :50 AM 0281520005

11 b. ~ A__vehicle is subject to forfeiture under this section e)' reason of an)' act or omission onlv if the 22 State establishes by clear and convincing evidence that a violation of this chapter occurred with estaelisHed by tHe owner tHereof to ha\'e been committed or omitted witHotit the owner's knowledge or consent; consent. 24 c. A vehicle is not subject to forfeiture for a violation of ~ 06 I(a) or (b) [re",ealed], 4761 * 4763 or * 25 4764 of this title; and title. 26 d. A forfeiture of a vehicle encumbered by a bona fide security interest is subject to the interest of the 27 secured party if the secured party neither had knowledge of nor consented to the unlawful act or on~ission; 28 omIssIon. 29 (5) All books, records, and research products and materials including formulas, microfilm, tapes and data 30 which are used or intended for use in violation of this cha",ter; chapter. 31 (6) All drug paraphernalia as defined in * 470 I( 18) of this ~ title. 32 (7) LAII moneys, negotiable instruments, seCtirities securities, or any other thing of value furnished, or 33 intended to be fumished, in exchange for a controlled substance or drug paraphernalia in violation of this chapter; all 34 profits or proceeds traceable to securities, assets assets, or interest used, or intended to be used, to facilitate any 35 violation of this chapter. However, 00 .iLproperty interest ef of an ewHef-;-{)wner of items listed in this paragraph (a)(7) 36 is not subject to forfeiture by reason of any criminal act or omission established b)' the owner to be committed or 37 on~itted witHotit unless the State establishes by clear and convincing evidence that the act or omission occurred with the 38 owner's knowledge or consent. consent SHdl be ferfeited in tHe iterns listed in this paragra",h. Further provided that 39 currency in an amount less than $1,000 may not be forfeited under this section. 40 a. All moneys, negotiable instruments or sectlrities feufld in close ",roJ(imit)' to ferfeitable controlled 41 stlbstances, or to forfeitable records of tHe importation, nlantlfactme or distribtltion of controlled stlbstances are 42 ",resumed to be ferfeitable tinder tHis [3aragrapH. Tile btlrden of [3roof is tI[3on claimant of the [3ropert)' to rebtlt this 43 [3resum[3tion. 44 b. All mone)'s, negotiable instruments or sectlrities fetlnd to ha\'e trace amounts of controlled stlbstances 45 on them are j3restlmed to be forfeitable tinder this j3aragraj3h. The burden of j3roof is tlj30R the claimant of tHe 46 j3roj3ert)' to reb tit tHis J3restlHloj3tion. 47 &.- Q_,_ To the e)(tent tHat !f_assets, interests, f*9Hts profits, and proceeds forfeitable under this paragraph-+ij 48 cannot be located, W have been transferred, sold ffi !Q,_or deposited with third parties, or fi-Ht-have been placed 49 beyond the jurisdiction of the State, the court, following conviction of the individual charged, may direct forfeiture 50 of such other assets of the defendant as may be available, limited in value to those assets that would otherwise be Page:2 of 12 HD:KL:MAW Released: 04/06/2023 II :50 AM 0281520005

51 forfeited under this paragraph. Upon petition of the defendant, the court may authorize redemption of assets 52 forfeited under this paragraph, provided the assets described in this paragraph are surrendered or otherwise 53 remitted by such defendant to the jurisdiction of the SOHA:;aRd court. 54 (8) Afly-Except as provided by paragraphs (a)(8)a. through (a)(8)d. of this section, any real property which is 55 used, or is intended for use, to store, grow, manufacture, compound, process, deliver, import, or export any controlled 56 substance in violation of this sRa!"tor e)lse!"t that: chapter. 57 a. Ne-real Real property is subject to forfeiture under this section only if the State proves by clear and 58 convincing evidence that the criminal by reaSOR of aAY act or omission establisRed by any OWRer thereof to have 59 6eett-was committed or omitted ,•••• ithoHt with the owner's knowledge or consent; 60 b. 1'Ie feal Real property being leased out by its owner shall be subject to forfeiture under this section 61 uRless the only if the State proves by clear and convincing evidence that the owner of the real property is a 62 consenting pmty or privy to the violation of the Controlled SHBstaRces Act; this chapter. 63 c. No real property shall be subject to forfeiture for a violation of § 4759, § 4761(a), § 4763 4761, § 64 47630r § 4764 of this title; and 65 d. A forfeiture of real property encumbered by a bona fide security interest is subject to the interest of the 66 secured party if the secured party neither had knowledge of nor consented to the unlawful act or omission. 67 (b) t-lotwithstanding an)' other proyisions of the laws of this State or rules of court, the procedures listed in 68 sUBsections (c) (j) of this sectioR are applicable to the adFRinistrative forfeirure of propert), sHbject to forfeiture HRder this 69 sectioR. Except for property listed in paragraphs (a)( I) and (a)(2) of this section, property may not be forfeited pursuant to 70 this section unless charges have been brought and one of the following has occurred in the underlying criminal case: 71 ( I) A plea of guilty or no contest has been entered. 72 (2) A verdict of guilty has been rendered. 73 (3) Charges are dismissed after the completion of a pretrial diversionary program. 74 (C) Property subject to forfeiture under this chapter may be seized by the Secretary upon process issued by any 75 Superior Court having jurisdiction over the property. Seizure without process may be made tf. in any of the following 76 circumstances: 77 (I) The seizure FRade is !"HrsHaRt Pursuant to a warrant or arrest under te subchapter I of Chapter 23 of Title 78 II~ 79 mor an iAspectioA HAder Pursuant to an administrative inspection warrant; warrant. Page 3 of 12 HD: KL: MAW Released: 04/06/2023 II :50 AM 0281520005

80 ~ ilL The property subject to seizure has been the subject of a prior judgment in favor of the State in a 81 criminal. ittitmetiaA injunction, or forfeiture proceeding based upon this ~ chapter. 82 fJt w_ The Secretary has probable cause to believe that the propelty is directly or indirectly dangerous to 83 health or safet),; aF safety. 84 f41 {2l_The Secretary has probable cause to believe that the property was used or intended to be used 111 85 violation of this sAaflter. chapter and an arrest or warrant related to the use or intended use of the property has issued. 86 (d) [s tl'le e'lel'lt af If a seizure fl!:lfStlaAtta under subsection (c) of this ~ section occurs, proceedings under 87 subsections (e) and (j) of this section sAa+t must be instituted promptly. 88 (e) Property taken or detained under this section sAall Hat be is not subject to replevin, but is deemed to be in the 89 custody of the Secretary subject only to the orders and decrees of the Superior Court. When property is seized under this 90 chapter, the Secretary ~ may do any of the following: 91 ( I) Place the property under seal;- seal. 92 (2) Remove the property to a place designated by the Sesretar)'; aF Secretary. 93 (3) Require the Department of Safety and Homeland Security to take custody of the property and remove it to 94 an appropriate location for disposition in accordance with law. 95 (f) When properry is forfeited under this chapter, the Secretary £RaY7mav do any of the following. 96 (I) Retain it for official tI5e;- use. 97 (2) Sell that which is not required to be destroyed by law and which is not harmful to the public. The proceeds 98 sAa+t must be used for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of 99 seizure, maintenance of custody, advertisiBg asd eO!:l11eost5; advertising, and court costs, and any remainder shall be 100 deposited to the General Fund. 101 (3) Allow the arresting agency or any other law-enforcement ~ agency to use the property for the 102 purpose of law enforcement provided that any proceeds remaining after the payment of expenses and any other money 103 forfeited or realized from forfeited property sAa+t must be deposited to the Sfleeial La.,,,, eHfereemeAt AssistaAee ftiAd 104 fer tRe !:Ise af tRe State fer tRe p!:lFflases as establisRed b;' tRe Atterne;' Gefteral wita tRe eafte!:lrreftee af tRe Direeter ef 105 tRe Offiee of MaAagemeftt aAd B!:Idget aAd tRe Cestreller Gefteral; General Fund. 106 (4) Require the Department of Safety and Homeland Security to take custody of the property and remove it for 107 disposition in accordance with ~ law. 108 (5) Forward it to the Administration for disposition. Unless seized property under this section is United States 109 currency in excess of S 100,000, a law enforcement agency, state agency, county, or municipality may not enter into an Page 4 of 12 HD:KL:MAW Released: 04/06/2023 11:50 AM 0281520005

110 agTeement 10 transfer or refer property seized under this section to a federal agency directly, indirectlv, through III adoption, through an intergovernmental joint task force, or bv other means that circumvent the provisions of this 112 section. I 13 (g) The following are contraband and are to be summarily forfeited to the State: 114 ill Controlled substances listed in Schedule I that are possessed, transferred, sehl sold, or offered for sale in I IS violation of this cRaf3ter are cORtrabaRd aRd sRall be seized aRd stlFRFRarily ferfeited to the State. chapter. 116 Ql_Controlled substances listed in Schedule I, the owners of which are unknown, which are seized or come 117 into the possession of the State are cOHtrabaRd aRd shall 8e stllllFRarily ferfeited to the State. State. 118 W Ql_Species of plants from which controlled substances in Schedules I and II may be derived which have I 19 been planted or cultivated in violation of this chapter or of which th" owncr~ or cultivulOD 1m; unknown ur which art: 120 wild growtas FRay be seized and stlfHmarily forfeited to the State. growths. (-i1 The failure, upon demand by the 121 Secretary or the Secretary's authorized agent, of the person in occupancy or in control of land or premises upon which 122 the species of plants are growing or being stored to produce an appropriate registration or proof that the person is the 123 holder thereof constitutes authority for the seizure and forfeiture of the plants. 124 ill ili.lU.LProperty seized pursuant to this section that is not sHffiffiarily ferfeited f3HrStiaRt to subject to summary 125 forfeiture under subsection 8t-.(gLof this section shall be atltomatieally may be forfeited to the State upon af3f3lieatioR f! 126 petition to the Superior Court if, withiR 45 da)'s of RotificatioR of seizure to alllcnown f3arties hayiRg f3ossessoF)' interest iR 127 the seized f3rof3erty by registered or certified mail to tRe last ImowR post office address of the f3arties iR iRterest and by 128 f3ublication in a nev{sf3af3er of general circulation in this State, the f3erson or f3ersons claiming title to the seized f3FOf3eft)'do 129 ROt institute proceedings iR the Stlf3erior COHrt to establish: 130 (I) That they Rave tRe lawful f3ossessor/ iRterest iR the seized f3rof3ert),; aRd 131 (2) TRe pFOpert)' was HRlawfully seized or ROt subject to ferfeiRue f3tlrSHaRtto this sectioR. 132 Court. A proceeding pursuant to such petition is an in rem civil proceeding. 133 (2) The State shall notify the criminal defendant, the attorney of record in the criminal case, if anv. and all 134 identifiable owners of property subject to a petition and any other person that appears to have an interest in such 135 propertv by certified or registered mail or personal service within 30 days of the seizure of property or the filing of a 136 petition, whichever is earlier. 13 7 (3) The Court shall hold a hearing on the petition not more than 2 weeks after the related criminal proceeding 138 has been concluded, dismissed, or otherwise finally disposed of. An owner or person with interest in the property who Page 5 of 12 HD: KL: MAW Released: 04/06/2023 11 50 AM 0281520005

139 is not a defendant may request an earlier hearing seeking return of the property before the conclusion of the criminal 140 proceeding. 141 (4) a. If the Court finds the State has proven the allegations in the petition by clear and convincing evidence 142 and the criminal proceeding concludes with a disposition set forth in paragraphs (b)( 1) through (3) of this section, the 143 Court shall render judgement that the property be forfeited to the State for disposition in accordance with subsection W 144 of this section. 145 b. The Court shall deny the petition and order the property returned to its owner if any of the following 146 occur: 147 I. The criminal case does not result in a guilty or no contest plea, a conviction, or pretrial diversion. 148 2. Irrespective of the findings in the criminal proceeding, the Court finds that the State has not 149 carried its burden of showing that the property is a means, instrumentality, or proceeds of a violation of this 150 chapter. 151 3. The property is the property of a person who is not a defendant and whom the State has not proved 152 had knowledge of or consented to the criminal act or omission that is the basis for forfeiture. 153 4. The value of the propertv to be forfeit unreasonably exceeds any of the following: 154 A. The pecuniary gain derived or sought to be derived by the crime. 155 B. The pecuniarv loss caused or sought to be caused by the crime. 156 C. The value of the convicted owner's interest in the property. 157 c. Property ordered by the Court to be returned to its owner must be returned forthwith and the party in 158 possession of the property pending the determination is responsible and personally liable for the property from the 159 time of seizure to the time of rerum. 160 (5) When a defendant in a criminal case is represented by the Office of Defense Services, the Office of 161 Defense Services shall represent the defendant in anv related forfeiture proceedings. If an unrepresented defendant 162 appears in a forfeiture proceeding, the Court may refer the Defendant to the Office of Defense Services for an 163 eligibility determination for representation. 164 Section 2. Amend § 4785, Title 16 of the Delaware Code by making deletions as shown by strike through and 165 insertions as shown by w1derline as follows: 166 § 4785. Burden of proof; liaBilities. liabilities; attorneys fees. 167 (a) [t is Hot necessaF)' for tHe iiiltate to negate un)' eJlernj3tion or eJlcej3tion in tHis CHUj3ter iA UAY cOFRj3laint, 168 inforrnatioA, iAdictrneAt or otHer j3leadiAg or in any trial, HeariAg or other proceeding I:Inder tHis dIUj3ter. The BI:IFdeHof Page 6 of 12 HD: KL: MAW Released: 04/06/2023 II :50 AM 0281520005

169 going forward with the e\'idenee to estaelish any e)(emJ3tion or ellseJ3tioH is 1JJ30Hthe J3ersoH elaiming it. The State has the 170 burden to prove all material facts in a forfeiture proceeding by clear and convincing evidence. l7l (b) In tfie absence of proof tfiat a person is tee dlil)' alitaori:ced (olOlderof an appropriate registration or order form l72 isslied under this chapter, slich person is preslimed not to be tae aolder of tae registration or form. Tae burden of proof is l73 lip on tae person to rebut tae preslimption. Where the property subject to a proceeding is claimed to be the property of a 174 person who is not a criminal defendant, that person has the burden of production to show one of the following: 175 (I) The person held a legal right, title, or interest in the property seized at the time the illegal conduct that 176 gave rise to the seizure of the property occurred. 177 (2) The person acquired as a bona fide purchaser for value a legal right, title, or interest in the property subject 178 to fOrfeit1.lre after the commission of the crimc that gavc rise to the seizure of the property. 179 (c) If a person meets the burden of production to show they are an innocent owner pursuant to subsection (b) of 180 this section, the State must prove by clear and convincing evidence that the owner had knowledge of or consented to the l81 unlawful acts or omissions that gave rise to the forfeiture. 182 f€-t ll!l_We--Other than the liability set forth in § 4784(h)(4)c. of this title, no liability is imposed by this chapter 183 upon any authorized state, county or municipal officer engaged in the lawful performance of the officer's duties. 184 (e) Where property is ordered by the Court to be returned under § 4784(h)(4)b., the Court shall order the prevailing 185 party's reasonable attorney fees and costs for the forfeiture action to be paid by the State. l86 (0 The Court may refer a person claiming property under this section who is not a criminal defendant to the Office l87 of Defense Services for an eligibility determination for representation in forfeiture proceedings. l88 Section 3. Amend Subchapter VI, Chapter 47, Title 16 of the Delaware Code by making deletions as shown by l89 strike through and insertions as shown by underline as follows: 190 § 4788. Public reporting. 191 (a) The Attorney General shall compile and publish on its website an annual report that includes all of the 192 following information: 193 ( 1) The number of seizures made pursuant to this subchapter or any other provision of Delaware law and 194 whether the property seized was currency, a conveyance, real estate, or other property. Where the property seized is 195 non-monetary, an estimated value of the seized property. 196 (2) The lead charge in the criminal case associated with each seizure. 197 (3) Aggregate data on the race, ethnicity, age, and gender of persons whose property was seized. Page 7 of 12 HD: KL: MAW Released: 04/0612023 I I 50 AM 0281520005

198 (4) The number of seizures where the criminal case ended in each of the following: a conviction. guilty or no 199 contest plea. or entry into a pretrial diversion program. 200 (5) The number of cases where each of the following occurred: 20 I a. Property was ordered forfeited by the Court. 202 b. Property was forfeited pursuant to a plea or non-prosecution agreement. 203 c. The property was ordered by the Court to be returned to the owner. 204 d. The property was retumed to the owner without a coun order. 205 (6) The number of seizures by each law enforcement agency in the State. 206 (7) The number of seizures referred, transferred, or otherwise diverted to a federal agency for prosecution or 207 forfeiture proceedings and a description of the property. 208 (8) The number of respondents in forfeiture proceedings who were represented by counsel and the number 209 who proceeded pro se. 210 (b) The Attorney General shall deli\'er a copy of the report to the Govemor, the chair of the Senate Corrections & 211 Public Safety Committee. the chair of the House Public Safety and Homeland Security Committee, the Director of the 212 Division of Research. and the Public Archives. 213 Section 4. Amend Subchapter II, Title II of the Delaware Code by making deletions as shown by strike through 214 and insertions as shown by underline as follows: 2I5 § 41 12. Source of funds. 216 (a) Uf'lOAtee forfeiture of aA)' rHoae)' iB a erirHiHaI ease LAaA)' eOtlrt of this State, tee sarHe seall 13epaid o\'er to tee 217 ProtAoRotary or derk low shall eolleet tee same aad transmit of the eourt, as tRe ease may 13e,'•••. it to tee State Treasurer to 13e 218 Aeld as sf'leeial fuAds for tAe pUll"oses referred to in §§ '1110 and 1111 of this title. The Sf'leeial Law EAforeeFAeAt 219 Assistanee fUAd shall not iAelttde fines, eotlrt eosts or restitutioA ordered 8)' tAe sourt iR aAY eriFAinal ease, Ror shall it 220 iAslttde bail forfeitures. It sAall, Aowe' •.er, iRElttde aR)' rHORe,' or the proeeeds obtained ffOrH the sale or otAer disf'lositioA of 221 all)' propert,' whisA is forfeited to the State b)' deteFfAiAatioa of the SOlirt tAat tHe prof'lerty was: 222 (l) Used for eriraiHal f'lurposes; or 223 (2) ObtaiHed as the fntits of a srLmiRal eHterprise. 224 (b) Uf'lOAthe sigHing of an)' forfeitare oreer f'ltlrsuant to this sestioEl, the elerk of the eOl:H'tor tee ProteoAotaF)' iA 225 wAish the order was sigHed shall transrHit a eof'l)' of said order to the Slate Treasmer. If tRe forfeited rHOAe), is Rot in the 226 possession of tAe eourt derlc or ProtAoRotar)', the rHolle), SHall be traRsFAitted to tHe State Treasurer, for deposit into tAe Page 8 of 12 HD: KL: MAW Released: 04/06/2023 II :50 AM 0281520005

227 Special La'" (;Rrorcement A ssistance Fund directly by the law enfOrcement agency wAich is in i3essessien ef tRe meney. 228 The General Assembly may appropriate funds to the Special Law Enforcement Assistance Fund. 229 (d) The methods and flrecedures estaBlished for the aflplication and e](flenditure of til is ~und are not sulJ.ject to tllo 230 normal accounting flractices set fortll in Cllapter 65 of Title 29. [Repealed.] 231 § 4116. Excess funds. [Repealed.] 232 If at any time tile amoHnt of funds segregatl:!d in the £pecial Law BRforcl:!meRt Assistancl:! ~uRd excl:!eds $500,000, 233 the e][cess shall Be dl:!posited in the Gl:!nl:!ralFund. 234 Section 5. Amend Subchapter II, Chapter 23, Title II of the Delaware Code by making deletions as shown by 235 strike through and insertions as shown by underline as follows: 236 ~ 2323. Transportation of controlled substunccs us grounds for seizure. 237 Whenever any vehicle, as defined in this subchapter, is used or intended for use to transport or in any manner to 238 facilitate the transportation of any controlled substance in violation of subchapter IV of Chapter 47 of Title 16. it shall 239 forthwith be seized and taken into custody by the peace officer or officers having knowledge of the facts of sllch use, bffi7 240 and any forfeiture proceeding shall be conducted in accordance with subchapter VI of Chapter 47 of Title 16. 241 (I) Mo vehicle uSl:!d By any person as a comnlon carrier in thl:! transaction of business as a comnlon carril:!r is 242 sulJ.jl:!ct to forfeitHrl:! undt:!r tllis section unless it appears that the owner or other person in charge of the ,'ehicle is a 243 consenting ('JaFt)'or pri,,'y to a violation of the Controlled SUBstances Act; 244 (2) No ,,'ehicle is stllJ.ject to forfeitHre Hnder this section B)' reason of any act or omission estaBlished e)' the 245 OYiner thereof to ha,,'e eet:!n committee or omitted without the owner's knowleege or consent; 246 (3) A vt:!hiele is not sulJ.jectto forfeit'Ure for a violation on § 4761 (a) or (e), 4763, 4764 of Title 16; ane 247 (4) A forfeitoure of a yehicle I:!ncumeeree ey a eona tiee securit), interest is sulJ.ject to the intert:!st of the 248 secured part)' if the secured par!)' neither hae kno'llleege of nor consentee to the act or omission. 249 § 2324. Condemnation proceedings; rule-making power of Superior Court. 250 The vehicle seized under this subchapter shall be proceeded against by the Attorney General on behalf of this 251 State, ey lieel in the £uperior Court for the coneernnatioR ane forfeiture of the vehicle to this State. The SU('Jerior Court 252 FAa)' b)' rule flfOvide for the flractice and flroceetlre uRder this subchapter, includif!g the gi"'iRg of Rotice of the flendenc), of 253 the libel of cOf!demnation to all parties iR iRterest, aRd in an)' eyent Hotice b)' registered URitee States mail to the last IcHOWfI 254 post office address of tile par!)' in interest, or by puelication in a newspaper of geReral circulation if! this State as the Court 255 by rule or order prescribes shall ee sufficient. under the same procedures and limitations set forth in §§ 4784 and 4785 of 256 Title l6. Page 9 of 12 HD:KL. MAW Released 04/06/2023 II 50 AM 0281520005

257 § 2325. Disposition of seized vehicles. 258 Upon the judgment of the Superior Court, the vehicle so seized and all of the rights, title and interest therein, or 259 any right, title or interest in and to any such motor vehicle, as the Court detennines, shal-l--6e .lli_forfeited to the State and the 260 vehicle ~ .lli_committed to the custody of the Department of Safety and Homeland Security, Division of State Police 261 for its use. If the Department of Safety and Homeland Security, Division of State Police determines that such seized vehicle 262 is not suitable for its purposes, custody will be transfen'ed to the State Treasurer, who may allocate the same to and for the 263 use of any other state bureau, department, agency or officer or may sell the same and deposit the proceeds into the ~ 264 Law eRferGemeRt AssistanGe ~\IRS. General Fund. 265 ~ 2326. Application of subchapter. 266 This subchapter with respect to condemnation and forfeiture :JnH.l--does not apply to or against the owner of a 267 vehicle unless the State proves bv clear and convincing evidence that the owner wOO ftas-.aet knowingly used or permitted 268 the vehicle to be used in, or in connection with, the commission of a felony, or '<'iRoRas Rot knowingly and voluntarily used 269 or pelmitted the vehicle to be used in, or in connection with, the flight or escape of any person who has committed any such 270 felony or in the transporting of cigarettes in violation of Chapter 53 of Title 30, or in a violation of § 1343 of this title, or in 271 a violation of § 4172 of Title 21 in a manner meeting the criteria set forth in § 4172(g) of Title 21. Nothing in this 272 subchapter 5fiat+ !!J1!.Y._beconstrued as authorizing the condemnation and forfeiture of the interest of any bona fide 273 mortgagee or lienholder with respect to the vehicle etlt tRe BurseR iR all Stlei:1Gases sRall ee ulloR SLlGRunless the State 274 proves by clear and convincing evidence that the mortgagee or lienholder to SROWtRat it dis not kno'>',' or Ra','e Gatlse to 275 Iffi&w, knew or had cause to know, at the time its interest accrued, of a contemplated unlawful use of-sttffi ~ vehicle. 276 Section 6. Amend § 5915, Title II of the Delaware Code by making deletions as shown by strike through and 277 insertions as shown by underline as follows: 278 § 5915. Fines, costs and restitution; collection and disposition. 279 (a) All fines, costs, restitution, penalties, charges and emoluments imposed or levied by the Justice of the Peace 280 Court, including those costs now levied for constables, shall be for such amounts as are provided by law, and all such 281 amounts imposed or levied shall be collected by the Justice of the Peace Court imposing the same for which a proper 282 receipt shall be given to the person paying the same. Every and all amounts so collected shall be recorded showing the 283 purpose for which the amounts were collected, the name of the person paying same and such other information as the 284 Justice of the Peace Court may require. The information so maintained shall be open to inspection by the State Treasurer 285 and the State Auditor or their authorized agents at all times. All fines and penalties collected for each calendar month shall 286 be paid over by the Justice of the Peace Court to the State Treasurer within 15 days after the first day of the succeeding Page 100fl2 HD: KL: MAW Released: 04/06/2023 II :50 AM 0281520005

287 calendar month, provided that any such tines or forfeitures which, by the laws of this State, are due and payable lO a coullly 288 or municipality thereof shall be paid by the Justice of the Peace Court to the county or municipality entitled thereto. 289 (b) All fines collected for the violation of any of this title, in the limits of any county. incorporated city or town in 290 this State where arrests are procured by the authorized representatives of that county, incorporated city or town, shall be 291 paid to that county, incorporated city or town within which such offense was committed for the use of that county, 292 incorporated city or town. Nothing in this subsection shall be construed to entitle any county to tines, penalties or 293 forfeitures arising from an arrest made under this title by an authorized representative of that county for a violation 294 committed within any incorporated city or town. All the fines, penalties and forfeitures imposed and collected in any county 295 of this State for violation of any of the laws of this title, where the arrests are procured by the authorized representatives of 296 the Department of Safety and Homeland Security. shall inure and be paid to the State Treasurer for the General Fund. Such 297 fines, penalties and forfeitures shall be collected as other fines, penalties and forfeitures are collected under the laws of this 298 State, and the officers collecting them shall make a monthly report thereof to the State Treasurer on blanks to be furnished 299 for that purpose by the Department of Safety and Homeland Security. All costs collected for the violation of any of this title 300 shall be paid to the jurisdiction whose court imposed said costs. 30 I Section 7. This Act is effective on January I following its enactment. 302 SYNOPSIS This Act does all of the following: Requires a conviction before forfeiture. (plea of guilty or no contest, conviction, or dismissal because of completion of a diversion program all count) Puts the burden on the state to prove all facts by clear and convincing evidence. Requires the state to prove by clear and convincing evidence that a non-defendant owner knew about or consented to the unlawful activity before the property may be forfeit. Strikes the presumption that cash with trace amount of dmgs on it is presumed to be dmg proceeds. Strikes the presumption that money that is in proximity to controlled substances is drug proceeds. The state can still forfeit money if they have other evidence or circumstances that show it is drug proceeds. Prohibits the use of the civil asset forfeiture proceeding for cash in any amount less that S I ,000. Changes the process so there is always a hearing before forfeiture. Under current law, there is only a hearing if an owner affirmatively requests one be held. Requires the court to conduct a proportionality analysis prior to ordering a forfeiture - i.e., is the value of the property sought to be forfeit in line with the gravity of the crime. Requires the State to pay reasonable attorney fees to a prevailing party in a forfeiture proceeding. Directs forfeiture proceeds into the General Fund, rather than SLEAF to eliminate the perception that law enforcement might pursue a forfeiture for personal gain. Retains SLEAF and the process of application and distribution, but only where the General Assembly funds it in the regular appropriations process. Makes changes to Title II provisions relating to vehicle forfeitures to align with the Title 16 process and the same new procedural protections. Prohibits directing seized property to federal agencies for forfeihlre and equitable sharing except for cun'ency in excess of S I 00,000. Requires the Attorney General to annualy compile and publish a report regarding the number and type of forfeiture cases. case outcomes, and demographic data on persons whose property is seized pursuant to civil forfeiture laws. Directs the Office of Defense Services to provide representation in forfeiture proceedings to a defendant they represent in a related criminal matter. Page 11 of 12 HD:KL:MAW Released: 04/06/2023 II :50 AM 0281520005

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ATTACHMENT #2 Council Committee of the Whole Meeting of 03/26/2024 SPOI SOR: Sen. S. McBride DELAWARE STATE SE ATE 152nd GENERAL ASSEMBLY SENATE BILL AN ACT TO AMEND TITLE II OF THE DELA WARE CODE RELATING TO LA W ENFORCEMENT QUOTAS. BE IT ENACTED BY THE GENERAL ASSEMBL Y OF THE STATE OF DELA WARE: Section I. Amend Part Y, Title I I of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 3 Chapter 84B. Law Enforcement Quotas. 4 § 840 I B. Definitions. 5 For purposes of this chapter: 6 ( I) ..Arrest" means the taking of a person into custody to answer for the commission of a crime. 7 (2) "Law-enforcement agencv" means a governmental entity authorized to enforce criminal laws or motor 8 vehicle laws or investigate suspected criminal activity or motor vehicle offenses. "Law-enforcement agency" does not 9 include a law-enforcement officer. 10 (3) "Law-enforcement officer" means as defined in § 222 of this title. II (4) "Quota" means a minimum number of arrests. warnings, or investigative stops made or summons or 12 citations issued for violations of the laws of this State, or the laws of anv county or municipality within this State, in a 13 specified time period. 14 § 8402B. Quotas prohibited. IS A law-enforcement agency may not do any of the fOllowing: 16 (I) Establish a formal or informal policy to require or suggest a quota for the law-enforcement agency or law- 17 enforcement officers of the law-enforcement agency. 18 (2) Use a quota as a formal or informal criterion for the promotion. demotion, transfer, dismissal. inter-office 19 award or honor of a law-enforcement officer or for penalizing a law-enforcement officer through any adverse measure. 20 (3) Request enforcement actions or direct a law-enforcement officer to act for the purpose of increasing the 21 number of arrests or investigative stops made or warnings, summonses, or citations issued by the law-enforcement 22 § 8403B. Exceptions. Page lof2 LC: MJC: CM Draft: 03/2412023 I I :33 AM 4801520028

:24 This chapter does not preclude a law-enforcement agency or law-enlarcement officer from doing any of the 25 following: 26 (I) Collecting, analyzing, and applying data for arrests, warnings, summonses or citations, investigative stops, 27 and other law-enforcement activities for law-enforcement management purposes other than the promotion, demotion, 28 transfer, dismissal, or inter-office award or honor of a law-enforcement officer or for penalizing a law-enforcement 29 officer through any adverse measure. 30 (2) Collecting, analyzing, and applying information concerning the number of arrests, warnings, summonses 3I or citations, and investigative stops to ensure that a law-enforcement officer or a group of law-enforcement officers 32 does not violate an applicable legal obligation. 33 (3) A:'\:'\es:sing the proportion of drrests dnd investigdtive stops mdde dnd warnin"s summonses or citations 34 issued by a law-enforcement officer or group of law-enforcement officers. SYNOPSIS Using arrest, warning, summons or citation, or investigative stop quotas is an unfair performance evaluation measure for law-enforcement officers. [n addition, establishing such quotas or using such quotas as a performance measure for the promotion, demotion, transfer, dismissal, or inter-office award or honor of a law-enforcement officer, or for penalizing a law-enforcement officer through any adverse measure, can be harmful to the public trust in law-enforcement officers and can result in a view that law-enforcement officers are used for revenue-generation as opposed to their intended purpose, public safety. Furthermore, a quota can harm law-enforcement officer morale by reducing the amount of discretion law-enforcement officers have and diverting their investigative focus from more-serious crimes to less-serious crimes. This Act addresses quotas by prohibiting a law-enforcement agency from establishing an arrest, warning, summons or citation, or investigative stop quota or using a quota as a criterion for the promotion, demotion, transfer, dismissal, or inter-office award or honor of a law-enforcement officer, or for penalizing a law-enforcement officer through any adverse measure. This Act makes clear that the use of information concerning the number of arrests, warnings, summonses or citations, and investigative stops is not prohibited for certain purposes. This Act is based on similar laws enacted in at least 12 states, including Maryland and New Jersey. Author: Senator S. McBride Page 2 of2 LC: MJC: CM Draft: 03/24/2023 1 I :33 AM 4801520028

ATTACHMENT #3 Council Committee of the Whole Meeting of 03/26/2024 SPONSOR: Rep. Phillips & Rep. Dorsey Walker & Rep. Lynn & Sen. Hoffner & Sen. Pinkney & Sen. Townsend Reps. Baumbach, Bolden, Lambert, Morrison, Neal, Romer, Wilson-Anton; Sen. S. McBride HOUSE OF REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE SUBSTITUTE NO.2 FOR HOUSE BILL NO. 55 AN ACT TO AMEND TITLE 6 AND TITLE 31 OF THE DELAWARE CODE RELATING TO INDIVIDUALS WHO ARE HOMELESS. WHEREAS, the 2023 point in time check showed there were 1,255 homeless individuals in Delaware; and 2 WHEREAS, this was a significant increase in homelessness in Delaware especially unsheltered; and 3 WHEREAS, almost 200 people in Delaware were unsheltered during the 2023 point in time check; and 4 WHEREAS, this was a 28% increase from the prior year; and 5 WHEREAS, in January 2022 35,574 Veterans experienced homelessness; and 6 WHEREAS, Veterans are 50% more likely to experience homelessness than other Americans; and 7 WHEREAS, the Delaware 2023 stand down had 31 Veterans state they are at risk for homelessness; and 8 WHEREAS, it is the policy of the State to ensure that the peace, health, safety, and general welfare of all the 9 inhabitants of the State are protected. 10 NOW, THEREFORE: 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: 12 Section I. Amend Title 6 of the Delaware Code by making deletions as shown by strike through and insertions as 13 shown by underline as follows: 14 Chapter 45A. Bill of Rights for Individuals Experiencing Homelessness. 15 § 4501A. Short title. 16 This chapter may be cited as the "Bill of Rights for Individuals Experiencing Homelessness". 17 § 4502A. Declaration of Policy. 18 The policy of this State is to assure that all individuals, regardless of housing status, have equal opportunity to live 19 in decent, safe, sanitary, and healthful accommodations any}vhere within the State. It is also the policy of this State that all Page I of II HD: RW: OS Released: 03/21/2024 11:42 AM 3501520247

20 individuals, regardless of housing status, enjoy equality of opportunities, more generally, in order to protect and ensure the 21 peace, health safety and general welfare of all inhabitants of the State. 22 § 4503A. Definitions. 23 As used in this chapter: 24 (1) "Commission" means the State Human and Civil Rights Commission. 25 (2) "Complainant" means an individual who files a complaint alleging that a discriminatory act occurred. 26 (3) "Conciliation" means the attempted resolution of issues raised by a complaint, or by the investigation of a 27 complaint, through infonnal negotiations involving the aggrieved person, the respondent and the Division. 28 (4) "Discriminatory act" means a violation of § 4504A(a) of this title. 29 (5) "Division" means the Division of Human and Civil Rights. 30 (6) "Emergency shelter" means a facility that provides shelter for individuals experiencing homelessness. 31 (7) "Housing status" means the type and location of housing in which an individual resides or has resided, and 32 the status of having or not having a fixed or regular residence. All of the following are examples of "housing status": 33 a. The status of living or having lived on the street, in a temporary shelter, or other temporary residence. 34 b. The status ofliving or having lived in an institution. 35 c. The status of living or having lived in public housing, at a particular address, or in a particular 36 neighborhood. 37 d. The status of being an individual experiencing homelessness. 3S (S) "Individual experiencing homelessness" means any of the following: 39 a. An individual who is living in a place not meant for human habitation or in a temporary shelter. 40 b. An individual who is exiting an institution and who met the definition of individual experiencing 41 homelessness under another paragraph (S)a., (S)c., (S)d., or (S)e. of this section immediately before entering the 42 institution. 43 c. An individual who will lose the individual's housing within 14 days. 44 d. An individual that does not have housing and is unlikely to obtain housing, including an 45 unaccompanied youth or guardian with a child, that satisfies either of the following: 46 1. Has not had a lease or ownership interest in a housing unit in at least the previous 60 days and is 47 unlikely to obtain housing. 4S 2. Changed housing at least twice in the last 60 days, and who is unlikely to obtain housing. Page 2 of II HD: RW: DS Released: 03/21/2024 11:42 AM 3501520247

49 e. An individual who is tleeing or attempting to tlee domestic abuse, has no other housing, and lacks the 50 resources or support networks to obtain housing. 51 f. An individual regarded as being an individual experiencing homelessness. 52 (9) "Institution" means a facility in which an individual is committed due to involvement with the criminal 53 justice system or committed or enters for treatment, and includes a prison, behavioral health facility, hospital, half-way 54 house. 5S (10) "Respondent" means the person named in a complaint filed with the Division of Human and Civil Rights 56 and that is alleged to have committed a discriminatory act. 57 (II) "Temporary shelter" means an emergency shelter or transitional housing provided to individuals S8 cl>pcncncing bomclc55nc55. 59 (12) 'Transitional housing" means any facility whose primary purpose is to facilitate the movement of 60 individuals experiencing homelessness to permanent housing within approximately 24 months. 61 (13) "Unaccompanied youth" means a homeless child that is not in the physical custody of a parent or 62 guardian. 63 § 4S04A. Bill of rights. 64 (a) An individual's rights, privileges, and access to public services may not be denied or abridged solely because 65 the individual is an individual experiencing homelessness. An individual experiencing homelessness is granted the same 66 rights and privileges as any other resident of this State. An individual experiencing homelessness has all of the following 67 rights: 68 (1) To use and move freely in public spaces, including public sidewalks, public parks, public transportation, 69 and public buildings, in the same manner as any other individual and without discrimination on the basis of the 70 individual's housing status. 71 ~ (2) Not to face discrimination by a State, county, or municipal agency. 72 (3) Not to face discrimination while seeking or maintaining housing due to the individual's lack of a 73 pemlanent address, the individual's address being that of a shelter or social service provider, or the individual's 74 housing status. This right does not, however, entitle an individual facing eviction to a truncated or expedited housing 7S application process that might limit consideration of the reason for eviction in an evaluation of the individual's 76 reliability as a tenant, nor does it prohibit a shelter from establishing and adhering to a policy relating to a maximum 77 length of staY for an individual in that shelter. Page 3 of II HD: RW: DS Released: 03/21/2024 II :42 AM 3501520247

78 (4) Not to face discrimination while seeking temporary shelter because of race, color, religion, creed, age, 79 (Tender sexual orientation gender identity marital status familial status disability, national origin, or housing status, 80 except in the case of temporary shelters specifically designated for a specific gender or familial status, or in the case of 81 funding sources that require certain populations be served. This right does not introduce any new requirement with 82 regard to the obligation of shelters or other providers to update their facilities or provide new accommodations. 83 (5) To medical and dental care, free from discrimination based on the individual's housing status. 84 (6) To protection from unlawful disclosure of the individual's records and information provided to temporarv 85 shelters, service providers, and State, county, municipal, and private entities, including the right to confidentiality of 86 personal records and information in accordance with all limitations on disclosure established by the Delaware 87 Community Management Information Svstem, the federal Health Insurance Portability and Accountability Act of 88 1996,42 U.S.c. §§ 1320d, et seq., and the federal Violence Against Women Act, 34 U.S.c. §§ 12291, et seq. 89 (7) The same reasonable expectation of privacy in the individual's personal property while residing m 90 temporary shelter as an individual residing in a permanent residence. This right may not, however, be constmed to 91 prevent reasonable searches performed pursuant to posted rules. 92 (8) The same reasonable expectation of privacv in the individual's personal property while in public spaces as 93 an individual who is not homeless, and the same reasonable expectation of respect for the individual's personal 94 property as an individual who is not an individual experiencing homelessness. These rights may not be construed to 95 prevent reasonable searches otherwise conducted in accordance with law, or to prevent nondiscriminatory enforcement 96 of other laws, including anti-loitering laws. 97 ~ (9) To occupy a motor vehicle or recreational vehicle, provided that the vehicle is legally parked on public 98 propertY. 99 (10) To prav, meditate, worship, or practice religion III a public space without discrimination based on 100 housing status. 101 (II) To eat, drink, share, accept, or give food and non-alcoholic beverages in a public space in which having 102 food and beverages is not prohibited. L03 ".,JIP (b) A political subdivision of this State may not adopt any policy, including a law, ordinance, or regulation, 104 contrary to subsection (a) of this section. 105 (c) An individual may file a complaint alleging a discriminatory act with the Division as described in § 106 4508A. The Division shall enforce this section in the manner provided in this chapter. 107 (d) Violation of this section subjects the violator to the civil penalties provided in this chapter. Page 4 of II HD: RW: OS Released: 03/2112024 11:42 AM 3501520247

108 § 4505A. Authority of the Commission to delegate. 109 (a) The Commission shall implement any of the provisions of this chapter that are not expressly vested in another 110 III (b) The Commission may delegate to a panel of its members any power, duty, or function vested in it under this 112 chapter. No panel to which any power, duty, or function of the Commission is delegated may consist of fewer than 3 113 members of the Commission. 114 (c) The Commission may delegate to the Division any power, duty, or function vested in it under this chapter, 115 unless the delegation is expressly prohibited. If the Commission delegates to the Division a power, duty, or function vested 116 in it under this chapter, the delegation shall specifically state the power, duty, or function being delegated. 117 (d) The Commission may not delegate to the Division the Commission's power or duty to conduct public hearings 118 or order relief. 119 § 4506A. Commission's power to adopt rules. 120 (a) The Commission may, in accordance with the Administrative Procedures Act [Chapter 101 of Title 29]' adopt 121 regulations concerning all of the following: 122 (I) The way in which complaints must be investigated. 123 (2) The way in which other investigations under this chapter must be conducted. 124 (3) The way in which public hearings must be conducted. 125 (4) The general form and content of agreements and orders provided under this chapter. 126 (5) Other topics that the Commission considers appropriate to assist it in performing its duties and in carrying 127 out the purposes of this chapter. 128 § 4507 A. Education. 129 (a) The Commission and the Division may conduct educational activities and conferences to further the 130 purposes of this chapter. The Commission and the Division may issue reports on conferences. 131 (b) The Division shall endeavor to develop, with the advice of interested parties, programs of voluntarv 132 compliance and enforcement. I".).) (c) When undertaking their respective duties under this section, the Commission and the Division may consult 134 with state, county, and mlmicipal officials, and other interested parties, to learn the extent, if any, to which discriminatory 135 acts exist in the State, county, or municipality, and whether and how state, county, or municipal enforcement 136 programs might be utilized to combat the discrimination. The Commission may issue reports on the consultations described 137 in this subsection. Page 5 of II HD: RW: DS Released: 03/21/2024 I1:42 AM 3501520247

138 § 4508A. Complaint procedure. 139 (a) An individual believing themself aggrieved by a discriminatory act may file with the Division a 140 complaint, in writing, which states all of the following: 141 (1) The individual's name. 142 (2) A description of where the alleged discriminatory act occurred, including the name of the place, if 143 applicable and known, and the location. 144 (3) The date, time, and a description of the alleged discriminatory act. 145 (4) If known, the name and address of each respondent. 146 (5) The signature of the individual. 147 (6) Any other information that the Division reguires. 148 (b) A complaint may not be filed with the Division more than 90 days after the occurrence of the alleged 149 discriminatory act. 150 (c) Within 90 days after the complaint is tiled, the Division shall investigate the complaint, and endeavor to 151 eliminate any unlawful discriminatory act discovered through conciliation or refer the matter to the Attorney General as set 152 out in subsection (d) of this section. 153 ( I) If possible, a conciliation meeting will be held in the county where the alleged discriminatory act occurred. 154 (2) If the matter is resolved through conciliation, the parties shall enter a conciliation agreement stating the 155 terms of the resolution of the matter. 156 (3) If the Division determines that the allegations in the complaint do not state a claim for which relief is 157 available under this chapter or that the Division lacks jurisdiction, the Division may petition the Commission, with 158 notice to the complainant and the respondent, if the respondent has been served the complaint at the time the Division 159 petitions, to dismiss the complaint. 160 (d) When the party alleged to have engaged in a discriminatory act is a law enforcement officer or law 161 enforcement agency, the Division will conduct a preliminary investigation to verify an interaction occurred. Upon 162 preliminarv confirmation, the Division shall refer the matter to the Department of Justice for further appropriate 163 investigation and resolution. 164 (e) When the Division has reasonable cause to believe that a respondent breached a conciliation agreement, the 165 Division shall refer the matter to the Attorney General with a recommendation that a civil action be fi led under § 4511 A of 166 this title for the enforcement of the conciliation agreement. Page 6 of II HD: RW: OS Released: 03/2112024 11:42 AM 3501520247

167 (f! If a complaint cannot be resolved through conciliation as provided in subsection (cl of this section, the 168 Commission shall appoint a panel to hold a public .hearing within 60 days after the expiration of 90-day period for 169 investigation and conciliation. On a showing of good cause, the Commission Chair or the panel's chair may extend the 170 deadlines provided in subsection (c) of this section and this subsection at the request of a party or an employee of the 171 Commission. 172 (g) Public hearings must be conducted in accordance with rules prescribed by the Commission. Each party may 173 appear in person, be represented by an attorney, present evidence, cross-examine witnesses, and obtain the issuance of 174 subpoenas under § 4509A of this chapter. The Delaware Rules of Evidence apply to the presentation of evidence in a 175 public hearing as the Rules would apply in an administrative hearing conducted in accordance with subchapter III of the 176 Administrative Procedures Act [Chapter 101 of Title 291. A record kept of"l1 public hearings a transcript of which must be 177 provided at cost on request of a party. Decisions of the panel must be made by a majority of the members on the panel. 178 (h) If the panel determines that a violation of * 4504A of this title has not occurred, it shall issue an order 179 dismissing the complaint. The panel may award reasonable attorneys' fees, costs, and expenses to the respondent if the 180 panel determines that the complaint was brought for an improper purpose, such as to harass or embarrass the respondent. 181 (i) If the panel determines that a violation of § 4504A of this title has occurred, it shall issue an order stating its 182 findings of fact and conclusions of law and containing such relief as may be appropriate, including actual damages suffered 183 by the aggrieved individual, which may include damages caused by humiliation and embarrassment, costs, expenses, 184 reasonable attorneys' fees, and injunctive or other equitable relief. To vindicate the public interest, the panel may assess a 185 civil penalty against the respondent, to be paid to the Special Administration Fund as follows: 186 (I) in an amount not exceeding $1,000 for each discriminatory act if the respondent has not been 187 adjudged to have committed any previous discriminatory acts under this chapter or does not satisfy paragraph 188 (i)(2) or (i)(3) of this section. 189 (2) In an amount not exceeding S5,000 for each discriminatory act if the respondent has been adjudged to have 190 committed I other discriminatory act under this chapter during the 5-year period ending on the date that the complaint 191 was filed. 192 (3) In an amount not exceeding $15,000 for each discriminatory act if the respondent has been adjudged to 193 have committed 2 or more discriminatory acts during the 7-year period ending on the date that the complaint was 194 filed. 195 (j) Copies of orders entered under subsections (h) and (i) of this section must be served personally or by registered 196 or certified mail to each party or their attorney. Page 7 of II HD: RW: OS Released: 03/21/2024 11:42 AM 3501520247

197 (k) If the Division concludes, at any time following the filing of a complaint, that prompt judicial action is 198 necessary to carry out the purpose of this chapter the Division may authorize a civil action for appropriate temporary or 199 preliminary relief pending fmal disposition of the complaint under this section. On receipt of the authorization to pursue a 200 civil action, the Attorney General may, in the absence of a conflict of duties, commence and maintain the civil action in the 20 I Court of Chancery on behalf of the Division. If the Attornev General does not commence the civil action, the Division may, 202 with the written authorization of the Secretary of State, employ special counsel to commence and maintain an action 203 notwithstanding § 2507 of Title 29. The commencement of a civil action under this subsection does not affect the initiation 204 or continuation of proceedings under this section. 205 (l) The Commission shall promulgate regulations that establish procedures for dismissal of complaints based on 206 lack of jurisdiction or failure to state a claim for which relief is available under this chapter. Notwithstanding the limitation 207 of delegation in § 4505A of this chapter, the Commission may authorize dismissal for lack of jurisdiction or failure to 208 state a claim for which relief is available by a single commissioner before the appointment of a panel. 209 § 4509A. Compelling the attendance of witnesses and production of documents, oaths, subpoenas. 210 (a) The Commission may issue subpoenas and order discovery in aid of investigations and hearings under this 2 II chapter. 212 (I) The Commission Chair or the panel chair shall sign a subpoena issued under this subsection, and a sheriff, 213 deputy sheriff, constable, member of the Commission, or employee of the Division may serve the subpoena. 214 (2) Subpoenas and discovery may be ordered to the same extent and subject to the same limitations as would 215 apply if the subpoenas or discovery were ordered or served in aid of a civil action in the Superior Court, except that the 216 Attorney General shall first review the subpoenas and discovery in aid of investigations, to deternline whether there is 217 reason to believe that there has been a violation of this chapter. 218 (b) At a public hearing, anv member of the Commission may administer oaths to a witness who is called before the 219 Commission. 220 (c) A witness summoned by a subpoena under this chapter is entitled to the same witness and mileage fees as a 221 witness in proceedings in Superior Court. 222 (d) A person violates this section if the person fails or neglects to obey a subpoena or other lawful order under 223 subsection (a) of this section and had the power to obey the subpoena or order. 224 ( 1) The Attorney General, on behalf of the Commission, shall petition the Superior Court for an order 225 requiring the person to appear before the Commission to produce evidence or give testimony pertaining to the matter 226 under investigation or in question. Page 8 of II HD: RW: DS Released: 03/21/2024 1 142 AM 3501520247

227 C') The Attomey General shall file the petition under paragraph (d)( I) of this section in the county where the 228 person that is in violation of this section resides or conducts business. 229 (3) The Superior Court may punish the person who violates an order issued under paragraph (d)( 1) of this 230 section as being in contempt of court. 231 (e) ( I) A person who has the power to obey a subpoena or other lawful order under paragraph (a) of this section 232 but willfully fails or neglects to do so is subject to a fine for each instance of failure to obey of not more than $2,500 or imprisonment of not more than 1 year, or both. 234 (?) A person who, with intent to mislead another person in any proceeding under this chapter, commits any of 235 the following is subject to a fine for each instance of not more than $2,500 or imprisonment of not more than I year, or 236 237 a. Intentionally makes or causes to be made a false entry or statement of fact in a report, account, record, 238 or other document produced pursuant to a subpoena or other lawful order under paragraph (a) of this section. 239 b. Intentionally neglects or fails to make or cause to be made full, tme, and correct entries In 240 reports, accounts, records, or other documents. 241 c. Intentionally mutilates, alters, or by any other means, falsifies documentary evidence. 242 § 4510A. Judicial review. 243 (a) A party aggrieved bv an order for relief under § 4508A of this chapter granting or denying, in whole or in part, 244 the relief sought, may obtain a review of the order in the Superior Court in the county in which the discriminatory act is 245 alleged to have occurred, under the civil rules of that Court and the Administrative Procedures Act [Chapter lOt of Title 246 291. An aggrieved party must file the petition for review not later than 30 days of the dav the notice of the decision was 247 mailed or delivered. 248 (b) A party to a proceeding before the panel may intervene in the appeal process in the Superior Court. 249 (cl The Superior Court may not consider an objection that was not made before the panel, unless the failure or 250 neglect to object is excused because of extraordinary circumstances or when the interests of justice so require. 251 (d) If the Attorney General has not commenced a civil action within 60 days of notice of breach of a Commission 252 order or conciliation agreement as authorized by § 4511 A of this title, an aggrieved party may commence an action in the 253 Superior Court or Court of Chancery, or both, seeking enforcement and appropriate relief within the court's subject matter 254 jurisdiction, including conversion of a Commission order conferring monetary relief to a judgment subject to execution. 255 The Court may also award the aggrieved party reasonable costs and attorneys' fees in connection with the enforcement 256 Page 9 of I I HD: RW: DS Released: 03/2112024 11:42 AM 3501520247

257 § 451 IA. Enforcement by the Attorney General. 258 (a) The Attorney General may commence a civil action in the Superior Court. Court of Chancery. or both. in any 259 county of the State for appropriate relief within the court's subject matter jurisdiction. including equitable relie[ monetarv 260 damages. reasonable attorneys' fees. costs, and expenses, if the Attorney General has reasonable cause to believe that any of 261 the following has occurred: 262 ( 1) A person is engaging in a pattern of discriminatory acts in violation of this chapter. 263 (2) A person has been denied any of the rights granted by this chapter and the denial of rights raises an issue 264 of general public importance. 265 (3) A party to a conciliation agreement has breached the conciliation agreement. 266 (b) To vindicate the public interest, the court may assess a civil penalty to be paid to the Special Administration 267 Fund in an amount not exceeding $25,000 for a first violation of this chapter and in an amount not exceeding $50,000 for a 268 subsequent violation of this chapter. 269 Ic) When a civil action is initiated by the Attornev General pursuant to this section. no Court shall charge fees of 270 anv kind in such proceeding to the Attorney GeneraL the Commission or any of its members. 271 § 4512A. Criminal jurisdiction. 272 The Superior Court shall have exclusive original jurisdiction over all criminal violations of this chapter. 273 Section 2. Amend Chapter 30. Title 31 of the Delaware Code by making deletions as shown by strike through and 274 insertions as shown by underline as follows: 275 § 3004. Powers and duties. 276 The Commission shall cooperate with the Governor, the General Assembly, public agencies, officials, firms. 277 corporations. civic groups, and individuals in promoting amicable relationships among the various racial and cultural groups 278 within the State. To this end the Commission may do any of the following: 279 (4) Perform duties assigned to the Commission under Chapter # 45. 45A. and 46 of Title 6. 280 § 3005. Special Administration Fund. 281 (a) Creation. A special fund in the State Treasury, to be known as the Special Administration Fund of the Human 282 and Civil Rights Commission and referred to as "the Fund" throughout this section, consists of: 283 (I) All civil penalties assessed and collected under Chapter # 45. 45A, or 46 of Title 6. 284 (2) Costs, attorneys' fees. and expenses awarded to the Commission under Chapter # 45, 45A, or 46 of Title 285 6. 286 (b) Administration. Page 100fll HD: RW: OS Released: 03/21/2024 1I:42 AM 3501520247

287 (I) All moneys collected under this section must be deposited or paid into the Fund, are continuously available 288 to the Commission for expenditure in accordance with this section, do not lapse at any time, and may not be transferred 289 to any other fund, except as provided in subsection (d) of this section. All moneys in the Fund must be prudently 290 invested to the credit of the Fund, administered and disbursed in the same manner as is provided by law for other 291 special fimds in the State Treasury, and maintained in a separate ledger account on the books of the Secretary of 292 Finance. 293 (2) All moneys in the Fund which are received from the federal govemment, or any of its agencies, or 294 appropriated by this State for purposes described in this chapter or Chapters ~ 45 45A or 46 of Title 6, may be 295 expended solely for the proper and efficient administration of this chapter. 296 (c) Use. The Commission may lise moneys in the Fund for any of the following purposes: 297 (I) The payment of litigation expenses, costs, and attomeys' fees in connection with the enforcement 298 provisions of Chapters ~ 45, 45A, and 46 of Title 6. 299 (2) The payment of the expenses of investigations conducted under Chapters ~ 45 45A and 46 of Title 6, 300 and this chapter. 30 I Section 3. This Act is effective immediately and is to be implemented the earlier of the following: 302 (I) One year from the date of the Act's enactment. 303 (2) Notice by the Chair of the Commission, published in the Register of Regulations, that final 304 regulations to implement this Act have been promulgated. SYNOPSIS This Act is the Bill of Rights for Individuals Experiencing Homelessness to ensure that all individuals, regardless of housing status, have equal opportunity to live in decent, safe, sanitary, and healthfitl accommodations and enjoy equality of opportunities. To that end, this Act sets forth the rights of individuals experiencing homeless ness and creates a process by which the State Human and Civil Rights Commission and the Division of Human and Civil Rights may accept and investigate complaints of discriminatory treatment, attempt conciliation, and refer enforcement actions to the Department of Justice where necessary. This Substitute differs from the original House Bill No. 55 in that it expands the definition of "individuals experiencing homelessness" to include those who may be staying with different friends or family without a permanent home and it eliminates a reference to voting rights, since such rights are addressed elsewhere in the Code. Page II of II HD:RW:DS Released: 03/21/2024 II :42 AM 3501520247