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DE HB79

Bill

Status

Introduced

3/8/2023

Primary Sponsor

Nnamdi Chukwuocha

Click for details

Origin

House of Representatives

152nd General Assembly

AI Summary

  • Prohibits arrest, detention, or prosecution of children under age 12 for delinquency or crimes, with exceptions for murder (first and second degree), rape (first and second degree), and using or discharging a firearm during violent felonies.

  • Bars placement of children under age 12 in secure detention except where allowed under the enumerated exceptions in §1002.

  • Restricts amenability hearings for trial as adults to children aged 16 or older, raising the minimum age threshold from 14 to 16 for Attorney General motions and automatic referrals.

  • Clarifies that children previously declared non-amenable to rehabilitation or whose transfer was denied must be referred to Superior Court if charged again with delinquency.

  • Aligns language throughout Title 10 with 2022 HB115 provisions limiting prosecution and adult trial proceedings for children under 12 and expanding protections for younger juveniles.

Legislative Description

An Act To Amend Title 10 Of The Delaware Code Relating To Delinquency And Criminal Proceedings Involving Children.

Last Action

Stricken in House

4/25/2023

Committee Referrals

Judiciary3/8/2023

Full Bill Text

No bill text available