Delaware General Assembly

Stricken 4/25/23

No further consideration of the legislation

3/8/23

Chukwuocha

Sen. Townsend

Sen. Brown, S. McBride, Paradee, Sokola
Reps. Baumbach, Bolden, Cooke, Dorsey Walker, Griffith, Heffernan, K. Johnson, Lambert, Longhurst, Lynn, Morrison, Wilson-Anton

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO DELINQUENCY AND CRIMINAL PROCEEDINGS INVOLVING CHILDREN.

In 2022, the General Assembly passed HB115, which prohibits the criminal prosecution of children under the age of 12 and limits proceeding against a minor as an adult to a narrow set of serious crimes alleged to have been committed by children 16 or older. This Act clarifies that children under 12 may not be arrested or detained pending adjudication, except where the alleged crime is one of the enumerated exceptions, and aligns other language in Title 10 with the limitations on transfer of children from Family to Superior Court.

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Takes effect upon being signed into law

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