Bill Text: DE HB143 | 2009-2010 | 145th General Assembly | Draft
Bill Title: An Act To Amend Title 29 Of The Delaware Code Relating To The Assessment Of An Administrative Fee.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2010-07-06 - Signed by Governor [HB143 Detail]
Download: Delaware-2009-HB143-Draft.html
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SPONSOR: |
Rep. Mitchell & Rep. Viola & Sen. Ennis |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
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HOUSE BILL NO. 143 |
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AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE FUND TO COMBAT VIOLENT CRIME, FUNDED BY AN ADDITIONAL PENALTY IMPOSED BY COURTS FOR VARIOUS OFFENSES. |
Section 1.Amend §4101, Title 11 of the Delaware Code by adding thereto a new paragraph (h) as follows:
"(h)In addition to, and at the same time as, any fine or other penalty is assessed to any criminal or traffic defendant or any child adjudicated delinquent, there shall be levied an additional penalty of fifteen dollars ($15.00) imposed and collected by the courts for crimes or offenses as defined in §33 of this title.When a fine or other penalty is suspended in whole or in part, the penalty assessment may not be suspended.
(1) Upon collection of the penalty assessment, the assessment must be paid over to the prothonotary or Clerk of Courts, as the case may be, who shall collect the same and transmit it to the State Treasury to be deposited in a separate account for the administration of this subsection, which account shall be designated ‘The Fund to Combat Violent Crimes,' which is hereby created.
(2) In each fiscal year, the first $2,250,000 shall be distributed to the Department of Safety and Homeland Security to be used in connection with any initiative to combat violent crime, as such phrase is defined in this subsection. Notwithstanding anything to the contrary herein, funds distributed to the Department of Safety and Homeland Security hereunder may be used to cover salaries, overtime and other salary costs, expenses, equipment, and supplies for State Troopers and other personnel.
(3) In each fiscal year, the next $1,000,000 may be distributed by The Fund to Combat Violent Crimes Committee in accordance with this section.The Fund to Combat Violent Crimes Committee, which is hereby created, shall be comprised of three (3) members, namely the Secretary of the Department of Safety and Homeland Security or his or her designee; the Executive Director of the Criminal Justice Council or his or her designee; and the Superintendent of the Delaware State Police or his or her designee.
a. The Fund to Combat Violent Crimes Committee shall accept applications from local law enforcement agencies seeking funding in connection with any initiative to combat violent crime, as such term is defined in this subsection.Such funding may include, without limitation, reasonable overtime expenses and equipment purchases in connection with any such initiative.
b. The Committee shall not approve any application from a local law enforcement agency that would require payment of any monies from The Fund to Combat Violent Crimes on a recurring or ongoing basis.Specific guidelines for appropriate uses of such funds shall be established by the Committee.The Committee shall further establish an application form that shall include, without limitation, the following information: (i) the amount of funds requested by the local law enforcement agency; (ii) the anticipated purpose for which such funds are requested, including a detailed description ofhow such funds would be used by the local law enforcement agency to combat violent crime; (iii) the amount of any and all funds received by said local law enforcement agency from The Fund to Combat Violent Crimes during the previous five fiscal years; and(iv) the name of the local law enforcement agency requesting said funds and the name of the individual in such agency who shall be responsible for keeping accurate records as to the use of said funds.
c. The Committee shall determine whether or not the expressed purpose for the expenditure requested is consistent with the goal of reducing violent crime. In evaluating applications hereunder, the Committee shall give preference to initiatives seeking to reduce the prevalence of gun violence.If a majority of the Committee determines that the proposed expenditure meets these criteria, and provided that the Director of the Office of Management and Budget and the Controller General determine that adequate funds are available, the Committee may authorize the expenditure in whole or in part and only then shall the funds be paid to the appropriate local law enforcement agency.
(4) In each fiscal year, the next $1,000,000 shall be distributed to local law enforcement agencies to be used in connection with initiatives to combat violent crime. Such funds shall be distributed as follows:
a.The first $225,000 of such funds shall be distributed equally to each local law enforcement agency, without regard to such agency's actual strength of full-time sworn officers.In the event that the amounts distributable under this subparagraph are less than $225,000, then each local law enforcement agency shall receive a fraction of such funds, the numerator being the number of local law enforcement agencies and the denominator being the amount distributable under this subparagraph.
b.All funds hereunder in excess of $225,000 shall be distributed to local law enforcement agencies on a pro rata basis, based upon the local law enforcement agency's actual strength of full-time sworn officers.
(5) Any funds granted to any local law enforcement agency pursuant to subparagraph (3) hereunder that are not fully expended within twelve (12) months of receipt thereof must be returned by the local law enforcement agency to The Fund to Combat Violent Crimes within 60 days, unless the agency has requested and has received an authorization in writing for an extension of up to 120 days by the Committee.
(6) In each fiscal year, no more than $4.25 million of the funds collected under this Section shall be deposited into The Fund to Combat Violent Crimes. Any amount in excess of $4.25 millionin each fiscal year shall be deposited into the General Fund.
(7) For purposes of this section:
a. ‘Initiative to combat violent crime' means any initiative, plan, proposal, operation or strategy designed to reduce the prevalence of one more offenses classified as a ‘violent felonies' pursuant to Section 4201(c) of Title 11.
b. ‘Local law enforcement agency' means any county or municipal police department within this state.".
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To provide state and local law enforcement agencies with additional resources to fight violent crime, including gun violence, this legislation establishes The Fund to Combat Violent Crimes.The Fund will be funded by an additional penalty of $15 to be levied upon individuals convicted of crimes or offenses, thus ensuring that violators bear the cost of this initiative.The first $2.25 million of the Fund will go to the Department of Safety and Homeland Security to fight violent crime.The next $1 million will be administered by The Fund to Combat Violent Crimes Committee and distributed to local law enforcement agencies in connection with initiatives to reduce violent crime, especially gun violence.Local police agencies will apply for such funds.The next $1 million will be distributed to local law enforcement agencies.Any monies received in excess of $4.25 million per year will be deposited in the General Fund. |
