Delaware General Assembly


CHAPTER 12

FORMERLY

SENATE BILL NO. 26

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO TRUANCY COURT PROCEEDINGS AND CONTEMPT OF COURT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein)

Section 1. Amend §2731(b) of Title 14 of the Delaware Code by deleting the subsection in its entirely and replacing it with the following:

(b) “Notwithstanding any provision of this Code to the contrary, if the court determines a student has not complied with the terms of the court’s order, it may charge the non-compliant student with criminal contempt pursuant to 11 Del. C. §1271, and fully adjudicate the matter in the Justice of the Peace Court.”

Section 2. Amend §2732(c) of Title 14 of the Delaware Code by inserting the language “, or has been adjudicated in contempt pursuant to §2731 of this Title,” between the word “title” and the phrase “may appeal” as found in the first sentence of the subsection.

Section 3. Amend §2732(d) of Title 14 of the Delaware Code by inserting the language “or truancy-related contempt” between the words “truancy” and “pursuant” as found therein.

Section 4. The effective date of this bill is six months after it is signed by the Governor to allow sufficient time for the Family Court and the Justice of the Peace court to develop rules governing the process of the appeal for any charge of contempt

Approved April 8, 2007