Delaware State Senate Republicans

May 9, 2014

Legislative Hall Office

P.O. Box 1401
Dover, DE 19903

Phone

302-744-4048

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Sen. Dave Lawson argues on the Senate floor for stiffer penalties for human trafficking.

Democrats Kill

Sen. Lawson

Amendment

DOVER - An amendment to Senate Bill 197 filed this week by Sen. Dave Lawson (R-Marydel), that would have increased the penalties for those in Delaware involved in human trafficking, was defeated in the Senate.

While the bill passed unanimously, the amendment fell 13-7, with all 13 Democrats voting against it.

"The amendment was for the protection of our kids," Sen. Lawson said, "and they decided to go against that."

SB 197, which now heads to the House, is a comprehensive bill aimed at fighting human trafficking, forced labor, and sexual servitude in Delaware through enhanced criminal penalties and greater protections for victims. Under the legislation, trafficking an individual is a Class C felony that can be punishable by up to 15 years in prison. Trafficking of a minor is a Class B felony, punishable by up to 25 years. Certain aggravating circumstances would increase the penalty to a Class A felony, punishable by 15 years to life in prison.

Sen. Lawson's amendment would have elevated each punishment by one class: Trafficking from Class C to Class B; trafficking of a minor from Class B to Class A; and certain aggravating circumstances from Class A to mandatory life in prison.

"First of all, I think the bill (SB 197) is a good bill, I just don't think it goes far enough for the crime it's addressing," Sen. Lawson said. "Human trafficking is a vicious, vicious crime. And in my opinion, the penalties as they are set in this bill are not sufficient. By increasing the penalties, we will put these people in prison longer - if not forever -- and keep them away from preying on people, particularly our youth."

Human trafficking victimizes more than 27 million people worldwide and has become the second fastest growing criminal activity in the United States behind drug trafficking.

Sen. Lawson, a retired State Police officer, said it may be hard for some people to believe, but human trafficking is a major problem in Delaware.

"It is absolutely a problem here in Delaware, no doubt about it," he said. "We saw it in law enforcement, particularly in migrant labor camps. It was so underground you really had difficulty finding it because the victims were afraid to talk, they feared for their lives, their jobs, and their families. These perpetrators should be dealt with as harshly as the law will allow."

Death Benefits

Measure Passes

DOVER - The governor signed legislation this week that helps the children of those who give their lives protecting the public.

House Bill 158, prime-sponsored in the Senate by Sen. Brian Pettyjohn (R-Georgetown), provides for the state to pay for health insurance for dependent children of people who have died in the line of duty since August 20, 2004.

Sen. Pettyjohn attended the bill-signing ceremony, along with members of the Spicer and Shea families. Chad Spicer, a patrolman with the Georgetown Police Department, was killed in the line of duty on Sept. 1, 2009 in Georgetown at the age of 29. Delaware State Police Corporal Christopher Shea, 31, was killed on July 18, 2004.

Sen. Pettyjohn is a former mayor of Georgetown and was a councilman the night Spicer was killed.

"I've known the Spicer and Shea families for a very long time," he said. "It was great having them here for the bill signing. To be able to be there at the signing and to help the children, you know, it's one of the reasons why I'm here. It was a good day to be a State Senator."

The Tatnall Building, across the street from Legislative Hall, is home to the lieutenant governor's Dover office.

Bill Would Let 'The People'

Fill Lt. Gov. Vacancy

DOVER - Delaware State Senate and House Republican leaders said this week they are introducing legislation to require any vacancy in the lieutenant governor's office be filled by special election.

The issue came to the forefront last month when Lt. Gov. Matt Denn announced that he would run for attorney general; just days after incumbent Beau Biden disclosed he would not seek another term in this fall's elections.

State law provides no provision for dealing with a situation where the lieutenant governor leaves office before the end of his or her four-year term. As a result, a Denn victory in November would leave the post vacant for the remaining two years left on the term. Thus far, Denn is the only announced candidate in the race for attorney general.

Sen. Simpson

Republican leaders are calling for a state constitutional amendment to mandate that any such vacancy be filled through a special election.

Senate Republican Leader Gary Simpson (R-Milford), Senate Republican Whip Greg Lavelle (R-Sharpley), House Republican Leader Danny Short (R-Seaford) and House Republican Whip Deborah Hudson (R-Fairthorne) said the legislation would give citizens a voice.

"We think that this should be the will of the people, and not the will of politics," Sen. Simpson said. "It would be an insult to Delaware voters if this position - the second highest in the state - were to remain vacant or be appointed by the governor. In addition, if something should happen to the governor - he leaves office or, God forbid, dies - then you'd have a situation where the highest position in state government would be filled by an unelected member of the cabinet."

Sen. Lavelle said the bill would fill an obvious gap in the Delaware code.

Sen. Lavelle

"If the position is going to be filled it should be filled through a special election because that's what the people of Delaware deserve and expect," he said. "We have special elections for a variety of offices. But when it comes to the lieutenant governor's office, Delaware's constitution is silent on this right now. This is our chance to make a common sense change to the constitution."

Later in the week, Senate President Pro Tempore Patty Blevins (D-Elsmere) filed legislation that would authorize the governor to nominate a lieutenant governor in the event of a vacancy in the office.

State Rep. Danny Short noted the lieutenant governor is an independently elected position. "Delawareans choose who occupies that office. When a vacancy unexpectedly occurs, Delawareans should be the ones to choose the successor."

State Rep. Deborah Hudson agreed, adding that the measure should be a non-partisan matter of good public policy. "A vacancy can occur when a member of any party occupies the office," she said. "Vacancies in the General Assembly are filled through special elections and that process favors no party. Candidates step to the forefront, run a race, and the people decide. What's the argument against using the democratic process?"

A constitutional amendment requires the approval of two consecutive General Assemblies, but does not require the signature of the governor. If approved by the 147th General Assembly before June 30th, and the new 148th General Assembly next January, a special election for lieutenant governor (if needed) could occur as soon as March.

LEGISLATIVE ROUNDUP

Sen. Brian Pettyjohn, second from left, discusses a bill during a packed Senate Education Committee hearing in Legislative Hall. The bill, which remains in committee, would allow voters to elect members to the Sussex Technical School District board.

Sussex Tech Board

Debated In Committee

DOVER - Legislation sponsored by Sen. Brian Pettyjohn ( R-Georgetown) that would make members of the Sussex Technical School District board popularly elected failed to clear the Senate Education Committee this week.

Under the bill, board members would be elected to serve four-year terms. Currently, the Sussex Technical, Polytech, and New Castle County Votech school boards are all appointed by the governor. Each member of the seven-member boards serves a seven-year term.

Sen. Pettyjohn said elected board members would be held more accountable. He added he was disappointed by a comment made at the committee hearing by a current board member who said he felt "comfortable" being appointed, and that if board members had to run for the position, they would choose not to.

"If you really have the desire to serve the students and make sure the school district is all it can be," Sen. Pettyjohn said, "why wouldn't you want to go out and run for that position? Then you are more in touch with the voters; the residents who are paying the bill for the school district. They're the ones who want an elected voice in the school district. We do it for the other school districts, why not the technical districts?"

Sen. Pettyjohn said he remains hopeful the bill, co-sponsored by State Rep. Ruth Briggs King (R-Georgetown), will eventually clear the committee and reach the Senate floor for a vote.

Senate Okays Habitual Offender Bill

DOVER - A bill that gives judges the discretion to determine "habitual offender" sentences narrowly passed in the Senate this week.

The measure passed 12-9 after nearly two hours of debate. All eight Republican Senators voted against the bill.

Under current state law, a habitual offender is someone who has been convicted of four or more separate and distinct felonies. If the fourth felony is violent and non-drug related, the court must impose the statutory maximum for the felony offense provided in the Delaware code, and may impose up to life imprisonment.

If the fourth felony is non-violent, the court may impose a sentence of incarceration between zero and life.

A habitual offender is also defined as someone who has been convicted of three or more separate and distinct and specifically enumerated violent felonies in the Delaware Code, including arson, home invasion, murder, rape and robbery.

If all three felonies are listed in the specific violent felonies, the sentence is life.

Senate Bill 188, sponsored by Karen Peterson (D-Stanton), would let judges decide habitual offender sentences, rather than the Attorney General's staff.

"The reason we have minimum mandatory [sentencing]," Sen. Colin Bonini argued on the Senate floor, ". . . is to pull people out of our society, frankly, to keep them from making more victims. And I don't want to gut that process."

The bill also permits some offenders whose sentences were determined by the Attorney General's office to be resentenced by judges. According to prosecutors, that's more than 600 cases.