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DE HB272

Bill

Status

Introduced

1/9/2020

Primary Sponsor

Sean Lynn

Click for details

Origin

House of Representatives

150th General Assembly

AI Summary

  • Amends § 4177 of Delaware Code to establish exclusive original criminal jurisdiction for misdemeanor driving under the influence (DUI) violations in the Court of Common Pleas.

  • Prohibits the Court of Common Pleas and Justice of the Peace Courts from having jurisdiction over DUI offenses requiring sentencing under paragraphs (d)(3) through (d)(9), which involve felony-level or repeat offenses.

  • Allows Superior Court jurisdiction over DUI violations only when the violation is properly joined with a felony charge or when a case initially charged as a felony-level offense is later determined to be a misdemeanor.

  • Grants Justice of the Peace Courts jurisdiction to accept guilty pleas and impose sentences for first-time DUI offenses not subject to felony-level sentencing provisions and to enter conditional adjudications under § 4177B.

  • Addresses a practice by the Department of Justice of dismissing misdemeanor DUI charges in Court of Common Pleas and refiling them in Superior Court in Sussex County.

Legislative Description

An Act To Amend Title 21 Of The Delaware Code Relating To Driving Under The Influence.

Last Action

Introduced and Assigned to Judiciary Committee in House

1/9/2020

Committee Referrals

Judiciary1/9/2020

Full Bill Text

No bill text available