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DE HB126

Bill

Status

Passed

7/10/2015

Primary Sponsor

Michael Barbieri

Click for details

Origin

House of Representatives

148th General Assembly

AI Summary

  • Removes provision allowing Family Court to retain jurisdiction solely to transfer cases to Superior Court for adult prosecution when a child turns 18 before adjudication on felony-level delinquency charges.

  • Prohibits prosecution of children under age 10 for delinquency unless the petition includes a motion to determine competency under §1007A.

  • Requires dismissal of charges and expungement of arrest records if a child under 10 is found incompetent to stand trial.

  • Allows children under 10 to be referred to diversionary programs through the Division of Youth Rehabilitative Services and referred to other state agencies for services if abused, neglected, dependent, or in need of assistance.

Legislative Description

An Act To Amend Title 10 Of The Delaware Code Relating To Delinquency Proceedings In The Family Court.

Last Action

Signed by Governor

7/10/2015

Committee Referrals

Judiciary6/18/2015
Judiciary5/5/2015

Full Bill Text

No bill text available