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SB 207

AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO AVIATION JET FUEL.

153rd General Assembly (2025-2026) Introduced by Mara Gorman and 3 co-sponsors

SB 207 creates a permissive, rebuttable presumption: litter containing documents clearly bearing a person’s name is presumed to be knowingly littering, rebuttable with evidence.

Introduced and Assigned to Executive Committee in Senate
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WeVote Research Nonpartisan
Bill Summary · SB 207

SB 207 — Litter Law / Rebuttable Presumption (G.S. 14‑399) — Summary

Status: Passed 2nd Reading (Introduced Jan 23, 2025)
Subject areas: Courts; Criminal Procedure; Evidence; Pollution; Public; Littering
Primary change: adds a permissive, rebuttable presumption to North Carolina’s littering statute

Main purpose

SB 207 is intended to make it easier for prosecutors and law enforcement to link discarded litter to a responsible party when the discarded material contains documents or objects that clearly show a person’s name. The bill creates a legal presumption that a named person “knowingly committed” littering when such personal documents or items are found as litter, while preserving the opportunity for that person to rebut the presumption.

Key provisions

  • Amends G.S. 14‑399 (littering) by adding a new subsection establishing a permissive rebuttable presumption.
  • The presumption arises when litter discovered on public or private property (or in State waters) includes documents or objects that “clearly bear the name of a person.” Examples listed in the text include:
    • bank statements, utility bills, bank card bills
    • medical bills, prescription bottles
    • “other financial or medical documents or objects”
  • Advertising, marketing, and campaign materials/literature are expressly excluded and do not trigger the presumption.
  • The existing structure of the littering offense and available court remedies (e.g., orders to remove litter; repair or restore damaged property; community service if over 10 pounds or for commercial quantities or hazardous waste) remains in place.
  • The bill clarifies definitions already used in § 14‑399 (e.g., “litter,” “commercial purposes,” “law enforcement officer” remain defined elsewhere in the statute).

Who or what is affected

  • Individuals whose names appear on discarded documents found as litter — they will face a legal presumption that they committed the littering offense (subject to rebuttal).
  • Law enforcement and prosecutors — will have an evidentiary vehicle to initiate or support charges when personal documents are present in discarded litter.
  • Courts — will apply the new presumption and adjudicate any rebuttal evidence offered by defendants.
  • Property owners, municipalities and anti‑litter enforcement programs may see changes in investigatory and charging practices.

Procedural / timeline details

  • Effective date: the bill becomes effective December 1, 2025, and applies to offenses committed on or after that date (per the bill’s text).
  • The presumption is permissive and rebuttable — it is not conclusive; the named person may present evidence showing they did not discard the items (e.g., the items were stolen, lost, or handled by someone else).

Potential impacts and considerations

  • Enforcement: prosecutors may find it easier to establish a prima facie case where identifying documents are present, potentially increasing convictions or plea rates in littering cases.
  • Defense and due process: because the presumption is rebuttable, defendants may need to present evidence (witnesses, alibis, proof of theft, chain‑of‑custody concerns) to refute the inference that they littered. This could raise evidentiary and privacy issues in some cases.
  • Risk of misattribution: the presence of another’s documents at a scene does not conclusively prove that person littered (e.g., documents could have been discarded by third parties, lost, or transported by wind/animals), so misdirected investigations or prosecutions are possible if rebuttal opportunities are limited.
  • Public policy: supporters may argue the measure deters improper disposal of personal/medical documents and helps reduce illegal dumping; critics may raise concerns about fairness, profiling, and administrative burden to rebut mistaken inferences.

If you’d like, I can:
- Produce a short legal memo analyzing constitutional/evidentiary issues with permissive rebuttable presumptions;
- Draft suggested legislative amendments to narrow or clarify the presumption (e.g., requiring corroborating evidence, limiting document categories, or adding procedural safeguards).

Compiled from official sources — confirm details with the bill’s official record.

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