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DE HB10
Bill
Status
6/18/2019
Primary Sponsor
Nnamdi Chukwuocha
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AI Summary
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Raises the minimum age for juvenile prosecution from 10 to 12 years old, with exceptions for children under 12 accused of first or second degree murder or first or second degree rape, who may only be prosecuted after a competency determination
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Restricts transfer of juvenile cases to adult court (Superior Court) to children aged 16 or older, except children aged 12-15 may be tried as adults only for first or second degree murder or first or second degree rape
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Requires mandatory competency hearings for children under 12 accused of serious crimes; if found incompetent, charges must be dismissed and arrest records expunged
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Allows children under 12 accused of violent felonies or misdemeanor crimes of violence to be prosecuted with competency hearings until January 1, 2021, after which such children must be referred to the Juvenile Offender Civil Citation Program instead
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Expands the Juvenile Offender Civil Citation Program to include referrals for children under 12, providing assessment and intervention services as an alternative to arrest and prosecution
Legislative Description
An Act To Amend Title 10 Of The Delaware Code Relating To Juvenile Prosecution.
Last Action
Reported Out of Committee (Judiciary) in House with 6 On Its Merits
6/19/2019