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DE SB67
Bill
Status
9/21/2023
Primary Sponsor
Sarah McBride
Click for details
AI Summary
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Amends Delaware Code Title 11 to establish graduated penalties for official misconduct by public servants, with punishments ranging from class A misdemeanor to class A felony depending on the severity and type of violation.
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Creates five categories of official misconduct: unauthorized exercise of functions, breach of duty, self-dealing with official functions, discrimination in performing duties, and using position of trust to engage in criminal conduct.
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Establishes specific felony thresholds based on monetary value of personal benefit or harm caused: class G felony as baseline for certain violations, class F felony for $1,500 or more, class D felony for $50,000-$100,000, and class B felony for $100,000 or more.
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Increases penalties when official misconduct causes physical injury (class F felony), serious physical injury (class D felony), or involves underlying criminal offenses (penalties escalated based on underlying offense severity).
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Updates discrimination language to match the state's Hate Crimes statute and designates Superior Court with exclusive jurisdiction over official misconduct violations; names the Act the "Abuse of Power Prevention Act."
Legislative Description
An Act To Amend Title 11 Of The Delaware Code Relating To Misconduct By Public Officials.
Last Action
Signed by Governor
9/21/2023