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DE SB144

Bill

Status

Passed

10/21/2022

Primary Sponsor

Marie Pinkney

Click for details

Origin

Senate

151st General Assembly

AI Summary

  • Restructures hate crime law to include two separate pathways: crimes committed to interfere with First Amendment rights, or crimes motivated by bias based on race, religion, color, disability, sexual orientation, sex, age, gender identity, national origin, or ancestry.

  • Expands definition of "race" to include hair texture and protective hairstyles (braids, locks, twists) and adds "sex" and "age" as protected categories for hate crimes.

  • Consolidates desecration offenses into a single statute covering burial places, public monuments, places of worship, schools, and community centers, with penalties including up to $2,300 fine and 250 hours community service.

  • Establishes new cross or religious symbol burning statute requiring express written property owner consent and 48 hours advanced notification to county fire board, replacing prior version.

  • Creates civil remedies allowing individuals and the Attorney General to sue for injunctions, damages, and attorney's fees for violations of hate crimes, desecration, or religious symbol burning offenses.

  • Requires police agencies to report hate crime violations to the Division of Civil Rights and Public Trust, which must post annual statistics on its website.

  • Grants Superior Court exclusive jurisdiction over hate crimes, desecration, and religious symbol burning violations.

Legislative Description

An Act To Amend Title 11 Of The Delaware Code Relating To Offenses Against Public Health, Order, And Decency.

Last Action

Signed by Governor

10/21/2022

Committee Referrals

Judiciary6/16/2021
Corrections & Public Safety5/20/2021

Full Bill Text

No bill text available