Legislation · General Assembly 153

HB 437

AN ACT TO AMEND TITLE 4, TITLE 11, TITLE 14, TITLE 16, TITLE 18, TITLE 20, TITLE 21, TITLE 24, TITLE 25, TITLE 29, THE CHARTER OF THE TOWN OF DEWEY BEACH, THE CHARTER OF THE CITY OF HARRINGTON, THE CHARTER OF THE TOWN OF HOUSTON, THE CHARTER OF THE CITY OF MILFORD, AND THE CHARTER OF THE TOWN OF MILLSBORO RELATING TO TECHNICAL CORRECTIONS.

Synopsis

In December 2025, the Code Revisors provided the General Assembly with a list of potential technical corrections that they identified as they revised the Delaware Code to reflect legislation that was enacted by the 153rd General Assembly in 2025 or as they reviewed titles of the Code. While technical in nature, these changes are beyond the authority of the Code Revisors to make and can only be done by the General Assembly through legislation. This Act also includes technical corrections identified outside of the list provided by the Code Revisors. This Act requires a greater than majority vote for passage to err on the side of caution because some of the sections of the Delaware Code being revised may require a super-majority vote under the Delaware Constitution. This Act also makes also makes basic technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Section 1. This section corrects an error in § 1354(b)(4) of Title 4 from House Bill No. 110 of the 153rd General Assembly by deleting an extraneous “and” to make it clear that the specified limitations regarding marijuana establishment license applicant eligibility apply to any of among the directors, officers, board members, or such other person who holds an ownership interest of 10% or more in a licensed marijuana establishment or a business entity that is an applicant for a marijuana establishment Section 2. This section corrects an error in § 811(a)(3) of Title 11 from Senate Substitute No. 1 for Senate Bill No. 356 of the 126th General Assembly in misidentifying a paragraph reference from the Criminal Code of 1953 as a subsection reference. Section 3. This section corrects an error in § 917(a)(1) of Title 11 from House Bill No. 284 of the 142nd General Assembly by updating an internal reference to a defined term in 25 Del. C. § 7003(13) and by making a technical correction to conform existing law to the standards of the Delaware Legislative Drafting Manual style. Section 4. This section corrects an error in § 1301(d)(1) of Title 11 from Senate Bill No. 48 of the 153rd General Assembly by making clear that neither paragraph (a)(3)b.1. nor (a)(3)b.1. of that statute are violated if a parent of a student with and individualized education program is addressing a health or safety concern involving their student. Section 5. This section corrects an error in § 4201(c) of Title 11 from Senate Bill No. 285 of the 139th General Assembly by correcting the impression that rape crimes, as defined by present statutes, are not violent felonies. Section 6. This section corrects an error in § 9423(3)b. of Title 11 from Senate Substitute 1 for Senate Bill No. 17 of the 153rd General Assembly by inserting the missing words “have a right” in order to match context in introductory paragraph (3) of that statute. Section 7. This section corrects an error in § 1703(d)(3) of Title 14 from House Bill No. 1 from the 146th General Assembly by inserting a missing introductory paragraph for paragraph (d)(3)b. Section 8. This section corrects errors in § 3480(a)(7) and (g) of Title 14 from House Bill No.160 of the 153rd General Assembly by correcting syntax and punctuation in (a)(7) and revising grammar in (g) to prevent use of a double negative. Section 9. This section corrects a grammar error in the introductory paragraph of § 3124 of Title 16 from Senate Bill No. 273 of the 136th General Assembly. Section 10. This section inserts use of the Oxford comma in § 4908B of Title 16 as missing in Senate Bill No. 129 of the 153rd General Assembly. Section 11. This section adds § 5196B(d) of Title 16 which was inserted by House Bill No. 225 of the 153rd General Assembly without appropriate underlining. Section 12. This section corrects a style error in § 402(3) of Title 18 from Senate Bill No. 462 from the 138th General Assembly by deleting “(1)” following “§ 5901” as directed by the Delaware Legislative Drafting Manual. Section 13.