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DE HB115
Bill
Status
11/8/2021
Primary Sponsor
Nnamdi Chukwuocha
Click for details
AI Summary
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Establishes a minimum age of 12 for juvenile prosecution, with exceptions only for murder (first and second degree), rape (first and second degree), or firearm use during violent felonies.
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Prohibits transfer of juveniles to adult court unless aged 16 or older, except for the specified serious offenses listed above.
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Creates a Juvenile Offender Civil Citation Program as an alternative to arrest and prosecution for eligible juveniles, requiring parental and victim consent (where applicable).
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Children under 12 accused of Title 11 violent felonies or misdemeanor crimes of violence may be prosecuted until January 1, 2022, after which they must be referred to the Juvenile Offender Civil Citation Program instead.
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Requires competency evaluations for children under 12 accused of the most serious crimes before prosecution may proceed, with dismissal and record expungement if the child is found incompetent.
Legislative Description
An Act To Amend Title 10 Of The Delaware Code Relating To Juvenile Prosecution.
Last Action
Signed by Governor
11/8/2021