AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THEFT.

153rd General Assembly (2025-2026) Introduced by Bill Bush and 3 co-sponsors

Delaware SB 280 aims to refine theft definitions, adjust classifications and penalties, and harmonize related offenses to enhance enforcement and deterrence.

Passed By House. Votes: 36 YES 5 ABSENT

Purpose

SB 280 proposes amendments to Title 11 of the Delaware Code concerning theft. The bill is aimed at clarifying, expanding, or otherwise adjusting the state's theft statutes to address evolving circumstances and enforcement needs. The exact text of the amendments is not provided here, but the bill is introduced with the goal of modifying statutory provisions related to theft offenses.

Key Provisions and Changes (as generally expected in theft-related bill amendments)

Definitions and scope: Possible refinement of what constitutes “theft” and related offenses (e.g., unlawful taking, control, or use of property without authorization). May include clarifications around property types (tangible vs. intangible) and value thresholds.

Classification and penalties: Potential reclassification of theft offenses by value of property or circumstances (e.g., theft by deception, shoplifting, embezzlement). Could adjust penalties (jail time, fines) or sentencing guidelines, including threshold amounts that distinguish misdemeanor from felony theft.

Enhanced penalties or aggravating factors: Provisions that impose tougher penalties when theft involves certain aggravating factors (e.g., use of weapons, burglary, theft from vulnerable populations, high-value losses, or repeat offenses).

Procedural changes: Possible amendments to charging, prosecution, or evidentiary standards (e.g., notice requirements, burden of proof related to property value, or distinctions between completed theft and attempted theft).

Municipal and cross-jurisdictional alignment: Provisions to harmonize state theft statutes with related offenses (e.g., receiving stolen goods, fraud, or trespass) or to align with other Delaware criminal statutes.

Note: The precise language and effect of SB 280 depend on the enacted text, which would specify the exact sections of Title 11 amended, the definitions introduced or revised, and the penalties imposed.

Who It Affects

Individuals charged with theft offenses: Changes to definitions, classifications, or penalties could alter charging decisions and potential sentences.

Judges and prosecutors in Delaware courts: New or adjusted statutory criteria influence charging practices, plea negotiations, and sentencing.

Retailers and victims of theft: Any changes that impact enforcement, deterrence, or restitution mechanisms could affect remedies and case outcomes.

Law enforcement agencies: Enforcement priorities may shift with revised thresholds, penalties, or reporting requirements.

Procedural and Timeline Considerations

Introductory status: SB 280 was introduced on 2026-04-15 and assigned to the Judiciary Committee in the Senate.

Next steps in process: The bill will typically undergo committee hearings (with possible amendments), potential revisions, and votes in committee before moving to the full Senate and then to the House for consideration. If passed, it would proceed to the governor for signature or veto and any potential legislative challenges or delays.

Notes

Sponsors include Co-sponsors Bryan Townsend and Bill Bush. Their involvement may indicate particular priorities or stakeholder considerations.

The summary above reflects typical elements of a theft-related update to Title 11 but does not substitute for the bill’s official text. For precise operative provisions, consult the enacted text and legislative fiscal notes once released.

Bill