Legislating, that is. This is a case study in how a good legislator gets good (if not optimal) legislation passed.
Rep. Melanie George (D-Bear) appears to have begun the inevitable reversal of short-sighted and draconian drug laws in Delaware. Legislation requiring minimum mandatory drug sentences was bullied into law by Cultural Warrior Know-Nothings Jane Brady, Tom Sharp, Wayne Smith, and Jim Vaughn. Anyone daring to suggest that these laws went too far risked being labeled ‘soft on crime’ by the Four Demagogues of the Narcapocolypse.
Over time, even some of those who had once enthusiastically embraced harsh minimum mandatory sentences began to rethink their positions. Especially when hundreds of millions in Bond Bill $$’s went to prisons instead of to schools and transportation projects.
Still, the risk of being labeled ‘soft on crime’ has prevented any serious move towards allowing judges to do what judges are supposed to from being implemented. Until now.
Earlier this session, Rep. George introduced HB 168, which would have repealed minimum mandatory sentences, and restored sentencing decisions to the judiciary. I consider it to be the best and bravest bill introduced during this legislative session. Best, because it reversed disastrous but popular public policy, and bravest, because it lent itself to misrepresentation by opponents.
Unfortunately, it simply didn’t have the votes to pass despite bipartisan sponsorship. I thought that was the end of it.
But Rep. George persisted, and put together a working group consisting of the stakeholders in this legislation, including many who had opposed HB 168.
The result is HB 443, which, while not eliminating minimum mandatory sentencing, makes significant improvement over the current statute. It creates a “structured system of felony offenses” in place of the ridiculous current ‘one size fits all’ approach, and it “…provides that ‘mere possession’ of a drug would only be a misdemeanor”. It would also eliminate mandatory sentences for some first-time offenders. The bill also imposes harsher sanctions on narcotics traffickers.
The mere fact that HB 443 has attracted Senators Cook and Venables as co-sponsors (both were conspicuously absent on HB 168) suggests its improved chances for passage.
Rep. Melanie George worked very hard and very wisely on this bill. Rather than publicly castigate her colleagues (hey, that’s what bloggers are for) or lament her fate, she did the kind of detail work essential to find consensus on a difficult politically-charged issue. Believe me, what she did isn’t easy, and it’s something that most legislators are unable or unwilling to do.
HB 443 is a quantum improvement in public policy over the status quo. It deserves to be passed.
And Melanie George deserves appreciation for all those who believe in a system that metes out justice fairly and impartially.
Well-played, young lady.