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DE HB115

Bill

Status

Passed

11/8/2021

Primary Sponsor

Nnamdi Chukwuocha

Click for details

Origin

House of Representatives

151st General Assembly

AI Summary

  • 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.

  • Prohibits transfer of juveniles to adult court unless aged 16 or older, except for the specified serious offenses listed above.

  • Creates a Juvenile Offender Civil Citation Program as an alternative to arrest and prosecution for eligible juveniles, requiring parental and victim consent (where applicable).

  • 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.

  • 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

Committee Referrals

Judiciary6/17/2021
Judiciary3/16/2021

Full Bill Text

No bill text available