House Passes Modified Version of Bill Seeking to Limit Firearm Magazine Capacity
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-- Bill Heads Back to the Senate for Reconsideration --
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JUNE 25, 2021 -- On Thursday, the Delaware House of Representatives passed a significantly altered version of a bill seeking to limit the capacity of firearm magazines.
However, an amendment sponsored by State Rep. Nnamdi Chukwuocha (D-Wilmington) that was successfully added to the bill rewrote most of the measure. The recrafted legislation would limit magazine capacity to 20 rounds for a handgun and 30 rounds for a long gun.
The amended bill would create the crime of "possession of a large-capacity magazine during the commission of a felony" -- a Class B felony, carrying a potential prison sentence of 2 to 24 years. For purposes of this offense, “large-capacity magazine” is defined as an after-market magazine which increases the designed capacity of the standard magazine manufactured and sold with the original firearm.
The revised legislation also seeks to create the crime of "selling, purchasing, receiving, or transferring a large-capacity magazine," a Class E felony.
In contrast to the original bill, the amended version would not criminalize people already owning non-conforming magazines. Delawareans currently in possession of such magazines would still be able use them but would be barred from selling or transferring them to another person, or purchasing new ones.
Additionally, State Rep. Ruth Briggs King (R-Georgetown, Long Neck) successfully added a second amendment to the bill, allowing a firearm magazine manufacturer in Georgetown to continue its operations. "The company employs about a hundred people and it's seeking to employ more," she said. "Many of these positions are very good jobs, paying $60,000 a year or more, with benefits. It's businesses like this that are vital to our local economy."
The bill cleared the House by a margin of 24 to 16, with legislators from both parties on either side of the vote.
Eleven House Republicans, including State Rep. Lyndon Yearick, voted against the measure. Rep. Yearick says while he finds the amended version of the bill to be a considerable improvement, he still could not support it because he does not believe it would have any impact on reducing violent crime.
"This bill does nothing to address the issue of systemic crime [and] that's where the focus should be," Rep. Yearick said. "We need to penalize people that commit these crimes, instead of what has become almost a revolving door, where criminals are caught, but come right back out."
Due to the added amendments, the bill will head back to the Senate for reconsideration.
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Bill to Require Cash Bail for Those Arrested for Violent Offenses Heads to the Governor |
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A bill heading to the desk of Governor Carney would require people charged with violent felonies to post cash bail for release.
The bill also singles out those changed with a violent felony involving a firearm or with committing a violent felony while on probation or pretrial release.
Typically, people arrested for crimes can be released after they post cash bail, which serves as a guarantee that a defendant will return for trial. The money is returned after the proceedings. If the defendant fails to appear, the bail money is forfeited to the government.
People unable to pay the full bail can contract with a bail bond company that will provide the funding in exchange for a 10% to 15% fee as well as the pledge of collateral that will be used recoup the full bail amount should it be forfeited.
Bail amounts are usually set by judges in accordance with guidelines associated with the offense. In recent years, the cash bail system has been the target of growing criticism over claims it is discriminatory.
State Rep. Sean Lynn (D-Dover West) -- an attorney whose firm handles criminal defense cases -- argued at length against the measure. He said cash bail system is biased against people of color and the poor and that every defendant has the right to the presumption of innocence. Too many people, he said, are held in jail just to await a court appearance. According to the Brennan Center for Justice, pretrial detainees make up more than 70 percent of the U.S. jail population.
However, supporters of the bill countered that its narrow scope impacts only those people charged in connection with violent offenses and which potentially pose the biggest threat to public safety.
State Rep. Nnamdi Chukwuocha (D-Wilmington) said members of his community are living under a constant threat of violence that is being perpetuated, in part, by the fast release of suspects charged with gun-related offenses. "My city, has been constantly, for the past decade, ranked in the highest level per capita for murders and shootings. ... I see my [police] officers going out everyday trying to do their work. We say there is a divide between our officers and the community. The divide begins when individuals from our community see individuals with firearms being arrested. Those same individuals come right back on the street. That creates a sense of 'why should I say anything?' It's fear that this individual is going to get right back out. So now we do not have individuals to step forward to be witnesses. We don't have individuals to step forward to give statements to provide information to solve crimes. ...This bill will address that."
The bill passed with large bipartisan majorities in the Senate (19 to 2) and the House (32 to 8).
The measure would require the Criminal Justice Council to report on the statute's impact, including data related to the race and gender of the defendants; rates of initial detention; and average length of stay from arrest to adjudication.
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House Passes Bill to Ban
Plastic Shopping Bags
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A bill that cleared the Delaware House of Representatives earlier this week on a contested vote would effectively ban plastic shopping bags in Delaware.
State officials passed a law in 2019 that was intended to accomplish this goal, but supporters claimed it fell short. That statute, which took effect at the start of this year, required larger retailers (7,000 sq. ft.. or more), and smaller stores with three or more locations, to only offer paper bags, cloth bags, or thick plastic bags intended for reuse.
Rather than inconvenience customers, many businesses simply switched to the thicker plastic bags allowed under the law and absorbed the cost.
Under House Bill 212 (as amended), retailers would be barred from using plastic shopping bags. Paper bags, and bags made of a "durable fabric that have stitched handles" would still be allowed.
Retailers will also be able to keep supplying plastic bags for unwrapped food (bakery, produce) and other items including meat, fish, plants, and chemicals.
The new legislation would expand the law to encompass all stores, regardless of size. If passed by the Senate and signed into law, the measure would take effect July 1, 2022.
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Release Balloons, Face a Fine
Delawareans who intentionally release balloons will face fines under a measure heading to Gov. John Carney for his consideration.
Supporters of House Substitute 1 for Senate Bill 24 maintain that balloon releases are a form of airborne pollution that kill wildlife and can cause power outages by becoming entangled in transmission lines.
Under the bill, releasing 1 to 4 balloons on a single occasion would be considered littering. Violators would pay a minimum fine of $25 for a first offense and a fine of at least $75 and up to 8 hours of community service for subsequent offenses.
People releasing five or more balloons would be committing "illegal dumping" under the act. A first-time violator would face a fine of at least $250 and up to 8 hours of community service. A minimum fine of $350 and up to 25 hours of community service could be imposed on those found guilty of subsequent violations. An additional mandatory penalty of $500 would be imposed in either instance if the offense occurred along a Delaware byway; in a state park, forestry area, or fish and wildlife area; in a federal wildlife refuge; or on land administered by the National Park Service.
If signed by the governor, individuals would not be subject to the law before April 30, 2022, although it would apply to organizations immediately upon its enactment.
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Unusual Last Night Expected in the House of Representatives
The last night of the 2021 legislative session is expected to be unusual for the Delaware House of Representatives.
Typically, lawmakers work legislation though most of the evening on the last day of session (June 30th). At midnight, the House and Senate close the regular session and a few minutes after midnight, on July 1st, reconvene in "special session."
The annual ritual is partly a nod to tradition and partly a legal maneuver, giving the Senate President Pro Tem and the Speaker of the House the ability to call their respective chambers back into session at their discretion. Were the legislature to adjourn on June 30th, while still in regular session, the governor would have the sole authority to bring legislators back to the capitol.
Ordinarily, Legislative Hall experiences its highest visitation day of the year on June 30th. That will not happen this year. The legislature is still operating under a hybrid model, with limited spectators and some legislators attending virtually.
In fact, the House of Representatives may not physically convene on June 30th.
The chamber has dozens of bills slated for consideration on Tuesday (see below). If it wades through that mass of legislation, Speaker of the House Pete Schwartzkopf said it may be unnecessary for state representatives to be in the Hall on Wednesday.
If that proves to be the case, the chamber will still meet virtually, just before midnight, so it can move into special session. Current expectations are that no bills will be worked on July 1st.
To watch all of the General Assembly's activity live, access the links on its home page by clicking here.
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House Agenda for Tuesday Posted |
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The House will next meet on Tuesday, June 29th at 2 p.m.
State representatives are expected to consider dozens of bills on the main House Agenda, House Agenda II, Consent Agenda R, and Consent Agenda S. (Click here to examine the agendas.)
Registration for the 25 House Gallery seats will begin at 5 p.m. on Monday, June 28th and close either at 10 a.m. on Tuesday morning or when all the seats have been reserved.
The registration link will be listed on the left side of the main page of the General Assembly website under "Session Info."
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