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SB 41 Delaware Senate · 150th General Assembly (2019-2020)

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO JUVENILE DELINQUENCY.

Summary
This Act establishes that the age of offense and not the age of arrest determines jurisdiction for a person facing charges. Currently, if a person commits a delinquent act before age 18 but is arrested after age 18, the offense is automatically heard before the adult court of jurisdiction. See Howard v. State, 612 A.2d 158 (Del. 1992) (Table). This Act reverses this procedure so that if the offense occurs before the age of 18 and the arrest is after a person’s 18th birthday, but before their 21st birthday, the Family Court will have jurisdiction. However, this Act makes clear that this Act does not preclude prosecuting a person to whom the Act applies as an adult, as permitted in Title 10.
Bill status signed all 5 stages cleared
Introduction
May 2019
Committee Review
Jun 2019
Senate Passage
Jun 2019
House Passage
Jun 2019
Signed into Law
Jul 2019
Introduced May 7, 2019 Signed Jul 23, 2019
Floor votes · House Jun 30, 2019

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
7
Key actions
5
Committee
2
Jul 23, 2019
Signed into law
Signed by Governor
executive
Jun 30, 2019
Lower · Passed
Passed By House. Votes: 41 YES
lower
Jun 27, 2019
Lower · Passed
Reported Out of Committee (Judiciary) in House with 6 On Its Merits
lower
Jun 19, 2019
Introduced
Assigned to Judiciary Committee in House
lower
Jun 18, 2019
Upper · Passed
Passed By Senate. Votes: 19 YES 2 ABSENT
upper
Jun 12, 2019
Upper · Passed
Reported Out of Committee (Judicial) in Senate with 4 On Its Merits
upper
May 7, 2019
Introduced
Introduced and Assigned to Judicial Committee in Senate
upper
4 primary · 18 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Darius Brown
Darius Brown
DDemocratic
DE
2
P
DB
David B. McBride
DDemocratic
DE
13
P
GL
Gerald L. Brady
DDemocratic
DE
4
P
Photo of Val Longhurst
Val Longhurst
DDemocratic
DE
15
Co
AD
Anthony Delcollo
RRepublican
DE
7
Co
Photo of Brian Pettyjohn
Brian Pettyjohn
RRepublican
DE
19
Co
Photo of Bryan Townsend
Bryan Townsend
DDemocratic
DE
11
Co
CB
Colin Bonini
RRepublican
DE
16
Co
Photo of Dave Lawson
Dave Lawson
RRepublican
DE
15
Co
Photo of Dave Sokola
Dave Sokola
DDemocratic
DE
8
Co
Photo of Debra Heffernan
Debra Heffernan
DDemocratic
DE
6
Co
HB
Harris B. McDowell
DDemocratic
DE
1
Co
JA
John A. Kowalko
DDemocratic
DE
25
Co
Photo of Kendra Johnson
Kendra Johnson
DDemocratic
DE
5