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DelawareSB 325153rd General Assembly (2024–2026)SenateWALLET

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FIRE PREVENTION.

Sponsored By: Kyra L. Hoffner (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 1 costs, 1 mixed.

Emergency service membership bars with limited exceptions

Covered groups must deny or revoke membership for listed convictions, juvenile charges, or juvenile delinquency findings. The list covers felonies; theft, embezzlement, or fraud; reckless burning and arson-related crimes; sexual offenses, including harassment and lewdness; and controlled-substance offenses. It also covers specified offenses against people performing lawful duties, including police, corrections staff, medical workers, and covered members. Certain resisting-arrest or arrest-endangering offenses involving those victims also count. Equivalent offenses elsewhere and a legal requirement to register as a sex offender also bar service. Probation or probation before judgment for an unlisted offense alone does not bar membership. The Commission can grant a waiver only in extraordinary circumstances, with clear and convincing evidence that service will not endanger public health or safety. It can start a review itself; for a person's waiver request, the group must agree to participate and appear. Approval can include restrictions. Denials or revocations can be appealed to the Commission within 15 days, with administrative procedures and judicial review available.

Free background reports for emergency service applicants

Covered fire and emergency medical applicants and members cannot be charged for criminal-history information obtained for a membership application. This protection applies to information obtained from Delaware's State Bureau of Identification. The law does not state the prior fee or a dollar amount saved.

Private records and notices for emergency members

Criminal-history records remain confidential, and the Commission can use them only to assess background, qualifications, and suitability for membership. Individuals can request a review of the forwarded information with the Commission. The Commission may tell a covered group that someone cannot serve, but cannot share the criminal-record details. The person can choose to share their own record directly. The Commission must immediately give written disqualification notice to the person by personal service or certified mail, with return receipt requested. Each relevant group must receive notice by certified mail, with return receipt requested, at its physical address. The Commission must also review arrest notices and notify the group about arrests for listed offenses or chapter violations. An arrest notice alone does not establish disqualification. The State Bureau of Identification can provide later history on request, and ongoing monitoring can use the Rap Back System where available.

Required background checks for emergency service members

Delaware's membership rules cover volunteers and paid members of covered fire, ambulance, rescue, emergency medical, and related groups. Applicants and public-facing members must provide fingerprints and identifying information for state and FBI criminal-history checks. The State Bureau of Identification sends the information to the State Fire Prevention Commission and gives the person a copy. People serving when the law was enacted must obtain their records within 24 months after enactment. The Commission must adopt rules to carry out the screening requirements and meet federal record-handling standards. Knowingly giving false or incomplete criminal-history information, or otherwise violating the criminal-history rules, is a class G felony. The penalty includes a minimum $1,000 fine and up to two years in prison.

Sponsors & Cosponsors

Sponsor

  • Kyra L. Hoffner

    Democratic • Senate

Cosponsors

  • William J. Carson

    Democratic • House

  • Franklin D. Cooke

    Democratic • House

  • Daniel B. Short

    Republican • House

  • Kerri Evelyn Harris

    Democratic • House

  • Kimberly Williams

    Democratic • House

  • Cyndie Romer

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 81 • No: 0

Senate vote • 6/30/2026

Passed (SM required)

Yes: 21 • No: 0

House vote • 6/30/2026

Passed (SM required)

Yes: 40 • No: 0

Senate vote • 6/11/2026

Passed (SM required)

Yes: 20 • No: 0

Actions Timeline

  1. Signed by Governor

    9/3/2026Governor

  2. Passed By Senate. Votes: 21 YES

    6/30/2026Senate

  3. Lifted From Table in Senate

    6/30/2026Senate

  4. Laid On Table in Senate

    6/30/2026Senate

  5. Suspension of Rules in Senate

    6/30/2026Senate

  6. Passed By House. Votes: 40 YES 1 ABSENT

    6/30/2026House

  7. Amendment HA 1 to SB 325 - Passed In House by Voice Vote

    6/30/2026House

  8. Reported Out of Committee (Appropriations) in House with 1 Favorable, 5 On Its Merits

    6/23/2026House

  9. Amendment HA 1 to SB 325 - Introduced and Placed With Bill

    6/18/2026Senate

  10. Assigned to Appropriations Committee in House

    6/16/2026House

  11. Reported Out of Committee (Public Safety & Homeland Security) in House with 5 On Its Merits

    6/16/2026House

  12. Reported Out of Committee (Public Safety & Homeland Security) in House with 5 On Its Merits

    6/16/2026House

  13. Assigned to Public Safety & Homeland Security Committee in House

    6/11/2026House

  14. Passed By Senate. Votes: 20 YES 1 ABSENT

    6/11/2026Senate

  15. Amendment SA 2 to SB 325 - Passed By Senate. Votes: 20 YES 1 ABSENT

    6/11/2026Senate

  16. Amendment SA 1 to SB 325 - Passed By Senate. Votes: 20 YES 1 ABSENT

    6/11/2026Senate

  17. Amendment SA 2 to SB 325 - Introduced and Placed With Bill

    6/10/2026Senate

  18. Reported Out of Committee (Finance) in Senate with 4 On Its Merits

    6/10/2026Senate

  19. Assigned to Finance Committee in Senate

    6/10/2026Senate

  20. Reported Out of Committee (Corrections & Public Safety) in Senate with 4 Favorable

    6/10/2026Senate

  21. Amendment SA 1 to SB 325 - Introduced and Placed With Bill

    6/4/2026Senate

  22. Introduced and Assigned to Corrections & Public Safety Committee in Senate

    5/18/2026Senate

Bill Text

  • Current

    5/18/2026

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