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Committee releases bill allowing certain separate thefts to be prosecuted together
Summary
The Delaware House Judiciary Committee voted May 6 to release HB 276, which would permit thefts occurring at separate times and locations that form a pattern to be grouped and prosecuted as a single charge; supporters said it streamlines prosecutions, while civil-liberties groups warned of prison-population impacts.
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The Delaware House Judiciary Committee voted May 6 to release House Bill 276, which would allow items stolen at separate times and locations to be grouped and prosecuted together when the thefts form a continuing course of conduct.
Sponsor remarks described the change as a procedural tool to consolidate related theft cases — for example, multiple catalytic-converter thefts or repeated copper wiring thefts — so prosecutors can present pattern evidence earlier in a single proceeding rather than piecing together cases across jurisdictions. The sponsor told the committee the bill "does not create a new crime" and "doesn't enhance penalties" but instead "allow[s] cases to be consolidated here" to make prosecution smoother.
The bill drew mixed reaction at the hearing. John Reynolds, deputy policy and advocacy director at the ACLU of Delaware, urged rejection, saying the measure "follows the '90s tough-on-crime playbook" and risks expanding Delaware's prison population without demonstrable public-safety benefits. "Rather than spending money to lock people up for amplified penalties that do little to promote public safety," Reynolds said, "Delaware should invest in education and community-based interventions."
Anthony Capone, representing the Office of Defense Services, told the committee the subject matter may already be covered by existing law (11 Del. C. § 855(c)) and several statutes granting statewide jurisdiction. He recommended reviewing current statutes and coordinating with stakeholders to avoid redundancy.
Sergeant Mike Riffle of the Delaware State Police said the change is intended to ease prosecutorial burdens, not to make every case a felony: "It doesn't create a new crime. It doesn't, you know, enhance penalties. What it does is just allow cases to be consolidated here." He also described internal approval and judicial checks that govern warrant and indictment practice.
A motion to release HB 276 was made and carried on a roll-call vote. Recorded yes votes included Representatives Bush, Cook, Borman, Jones Geltner, Velofsky, Postol, Romer and Griffith; Representatives Lynch and Phillips voted no; Representative Shoop was absent. The chair announced the bill would be released from committee and forwarded for further consideration.
The committee did not adopt textual changes on the floor; the sponsor and stakeholder representatives said they remain open to further revisions during the legislative process.
The bill will be posted on the legislature's website and announced on the House floor on a future legislative day.
