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DE HB129

Bill

Status

Passed

8/20/2025

Primary Sponsor

Cyndie Romer

Click for details

Origin

House of Representatives

153rd General Assembly

AI Summary

  • Grants juveniles the right to appeal Family Court non-amenability findings or Superior Court transfer denials directly to the Delaware Supreme Court within 30 days of sentencing, even after entering a guilty or nolo contendere plea

  • Prohibits conditioning any plea agreement on the child waiving their right to appeal transfer decisions

  • Clarifies that Superior Court does not retain jurisdiction over a child's case if the Supreme Court reverses the prior transfer order

  • Raises the age threshold from 14 to 16 for Attorney General-initiated amenability hearings, aligning with prior legislative changes from H.B. 115 (2021) that restricted transfers for children under 16

  • Makes technical corrections to change age references from "fifteenth" to "sixteenth" birthday for escape-related offenses eligible for adult court transfer

Legislative Description

An Act To Amend Title 10 Of The Delaware Code Relating To Appeals Of Court Decisions On Motions To Transfer.

Last Action

Signed by Governor

8/20/2025

Committee Referrals

Judiciary5/15/2025
Judiciary5/1/2025

Full Bill Text

No bill text available