Delaware General Assembly

House Judiciary 3/28/24

Committee Hearing takes place within twelve legislative days.

3/28/24

Chukwuocha

Sen. Gay
Rep. Dorsey Walker

Reps. Baumbach, Collins, Lynn, Morrison

AN ACT TO AMEND TITLES 10 AND 29 OF THE DELAWARE CODE RELATING TO CONCURRENT JURISDICTION OF JUVENILES WHO COMMIT CRIMES ON UNITED STATES MILITARY INSTALLATIONS.

On military installations subject to exclusive federal jurisdiction the investigation and prosecution of juveniles for alleged violation of federal crimes is conducted in the federal court system. The federal court system often tries juveniles as adults and it lacks juvenile-focused resources. This Act allows the Governor to accept back, on behalf of the State, at the request of the United States, concurrent jurisdiction over crimes involving juveniles, on military installations located in the State, which the federal government previously had exclusive jurisdiction only if the violation of federal law is also a crime under State law. After the Governor, by Executive Order, accepts the request of the United States’ official, the Executive Order must be filed with the Delaware Secretary of State and recorded in the office of the Recorder of Deeds in the county where the military installation is located. Once the Governor accepts the request for concurrent criminal juvenile legislative jurisdiction this Act allows any State agency or local government agency to enter into a memorandum of understanding with any federal agency for coordination and designation of responsibility related to the concurrent criminal juvenile legislative jurisdiction. This Act also grants the Family Court jurisdiction to adjudicate delinquency hearings involving juveniles, under the age of 18, who have been charged with violating Title 11,16, or 21, within the boundaries of a military installation if concurrent juvenile legislative jurisdiction is established under Section 108 of Title 29.

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Takes effect upon being signed into law

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