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home >> what we do >> legislative research & advocacy >> drug sentencing laws >> news/updates

Repealing Delaware's Mandatory Minimum Drug Sentencing Laws

News/Updates

H.B. 71 Status, June 2008

House Bill 71, the bill that would repeal mandatory minimum drug sentencing laws in Delaware, was not voted out of the Senate Executive Committee before the end of the legislative session.  SURJ members, allies and representatives put a great deal of time and energy in our efforts to pass the bill, which led to its passage in the House of Representatives in April 2007.  Unfortunately, Delaware’s legislators had a number of complex bills before them, and did not give House Bill 71 the attention it needed to be voted out of committee and passed by the Senate.

SURJ will continue to keep the repeal of Delaware’s mandatory minimum drug sentencing laws as a focus of our work.

Thank you to the many individuals who devoted so much time and energy to the passage of the bill.

For more information on H.B. 71 please see our Issues Brief.

HB 71: Mandatory Minimum Drug Sentencing Law Passes in the House

SURJ is pleased to report that on Tuesday, April 3, 2007, the Delaware House of Representatives passed H.B. 71 by a strong 26-13 majority. Although we should all enjoy this victory, the fight to pass this crucial piece of legislation is not yet over.  H.B. 71 still needs to pass in the Senate, and the SURJ office has already begun planning for this next stage.   SURJ’s members are vital to our efforts and we will continue to keep you informed and let you know how you can help.

Thank you to everyone who came down to Legislative Hall to show their support.  There was standing room only in the House Chamber!  Thank you to Speaker Terry Spence (R-Stratford), the bill’s primary House sponsor, who fought hard to make sure that this bill received the debate and hearing it deserved and thank you to all of the other legislators who support HB 71.

Speaking on behalf of the bill were SURJ Board Members Edmund "Ned" Carpenter, II, Esq., Thomas A. Foley, Esq.,  and the Honorable Joseph T. Walsh.  SURJ Trustee and former Attorney General, Charles M. Oberly, Esq., also spoke in support of the bill.

In his remarks to the House, Ned Carpenter stressed that both supporters and opponents of this bill agree on several things—that the drug trade is a serious problem and that mandatory minimum sentences transfer significant power to the prosecuting attorney.  The desire to retain the ability to threaten defendants, Mr. Carpenter said, will be the primary reason why opponents will not support the bill.  Additionally, the opposition cannot claim that our judiciary is incapable of handing down fair sentences, since Delaware’s judges have consistently been highly ranked in national studies.

Tom Foley pointed out that this bill has nothing to do with diminishing law enforcement’s capabilities - the police will continue to aggressively pursue crime.  The real question, he said, is whether justice demands that each and every offender should serve a mandatory minimum sentence.  Delaware’s frequent use of plea bargaining, he pointed out, illustrates the widely held belief that a mandatory minimum sentence is not appropriate in every case.  Defendants should have the opportunity to be heard, and judges should be able to consider the whole picture instead of using a sentencing "cookbook".  "If a guy is a bad apple, he will still go to prison under this law," Foley argued.

When Justice Joseph Walsh addressed the House, he reflected on his experiences as a judge.  "Sentencing is the hardest part of being a judge," he said.  Judges must focus on the offense that has been committed while also focusing on the individual, a difficult balance.  With mandatory minimum sentencing, Judge Walsh argued, a Judge is unable to establish a balance at all because the entire focus is on the amount of drugs involved in the crime.  Judge Walsh also expressed his confidence in Delaware’s judiciary.  "I know every judge in this state, and there are no soft-on-sentencing judges," he firmly stated.

Please continue to check your e-mail for updates on HB 71!