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DE SB41

Bill

Status

Passed

7/23/2019

Primary Sponsor

Darius Brown

Click for details

Origin

Senate

150th General Assembly

AI Summary

  • Establishes that the age when an offense is committed, not the age when arrest occurs, determines whether Family Court or adult court has jurisdiction.

  • Grants Family Court jurisdiction over offenders who committed a delinquent act before age 18 but were arrested after age 18 but before age 21.

  • Applies all provisions and rights applicable to juveniles under age 18 to individuals falling under this extended jurisdiction provision.

  • Preserves the ability to prosecute individuals under this Act as adults pursuant to existing statutes (§ 921 and § 1010 of Title 10).

  • Reverses prior case law (Howard v. State, 612 A.2d 158) that automatically transferred cases to adult court when arrest occurred after age 18.

Legislative Description

An Act To Amend Title 10 Of The Delaware Code Relating To Juvenile Delinquency.

Last Action

Signed by Governor

7/23/2019

Committee Referrals

Judiciary6/19/2019
Judicial5/7/2019

Full Bill Text

No bill text available