CHAPTER 278
FORMERLY
SENATE BILL NO. 261
AS AMENDED BY
SENATE AMENDMENT NO. 2
AND
HOUSE AMENDMENT NOS. 1 & 2
AN ACT TO AMEND CERTAIN PROVISIONS OF CHAPTER 92, TITLE 10 AND CHAPTER 59, TITLE 11 OF THE DELAWARE CODE RELATING TO PROCEDURES IN THE JUSTICE OF THE PEACE COURT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend §9205, Title 10 of the Delaware Code by adding at the end of that section the following sentence:
“The court may hear and determine any case within its jurisdiction during the time the court is open.
Section 2. Amend Chapter 59, Title 11 of the Delaware Code by deleting §5904, 5905, 5907, 5916, and 5919 of that Chapter in their entirety.
Section 3. Amend Chapter 59, Title 11 of the Delaware Code by deleting §5902 as it appears in that Chapter in its entirety and substituting in lieu thereof the following:
“§5902. In every case of assault in which the defendant elects to be tried in the Justice of the Peace Court, the prosecution shall proceed consistent with the Justice of the Peace Court Criminal Rules.”
Section 4. Amend subsection (a) of §5906, Title 11 of the Delaware Code by inserting the phrase “law enforcement officer” between the words “the” and “a” as they appear in the last clause of that subsection.
Section 5. Amend subsection (b) of §5906, Title 11 of the Delaware Code by deleting the phrase “Rules of Criminal Procedure for the Superior Court” as it appears in that subsection and inserting in lieu thereof the phrase “Justice of the Peace Court Criminal Rules”.
Section 6. Amend subsection (c) of §5906, Title 11 of the Delaware Code by deleting that subsection in its entirety and substituting in lieu thereof the following:
“(c) The warrant shall ordinarily be directed to any law enforcement officer in the county in which the alleged offense was committed, but in case of an emergency the warrant may be directed to any law enforcement officer in the State.”
Section 7. Amend subsection (c) of §5911, Title 11 of the Delaware Code by deleting the phrase “by recognizance, as provided in §5904” as it appears in that subsection and inserting in lieu thereof the phrase “as provided in Chapter 21”.
Section 8. Amend §5914, Title 11 of the Delaware Code as follows:
(a) Amend subsection (a) of that section by deleting the phrase “A justice of the peace” as it appears therein and substituting in lieu thereof the phrase “The Justice of the Peace Court”, by deleting the commas that appear after the words “certify” and “seal” as they appear respectively in that subsection, by deleting the phrase “the justice’s hand and” as it appears in that subsection, and by deleting the words “justice” and “justice’s” as they appear in the remainder of that subsection and substituting in lieu thereof the words “court” and “court’s” respectively;
(b) Amend subsection (b) of that section by deleting the word “justice” as it appears in that section and substituting in lieu thereof the words “Justice of the Peace Court”;
(c) Amend subsection (c) of that section by deleting the words “a justice of the peace” as they appear in that subsection and substituting in lieu thereof the phrase “authorized to prepare or issue a transcript or record of the proceedings”; and
(d) Amend subsection (d) of that section by deleting the words “The Superior Court” as they appear in that subsection and substituting in lieu thereof the phrase “Any court reviewing the record on appeal or on application for a writ”.
Section 9. Amend subsection (a) of §5915, Title 11 of the Delaware Code as follows:
(a) Delete the words “the justice”, “the justices”, “each justice”, and “justices of the peace” wherever they appear in that subsection and insert in lieu thereof the phrase “the Justice of the Peace Court”, and
(b) Delete in their entirety the sentences “Every and all amounts so collected shall be entered daily in a ledger prescribed by the State Auditor, showing the purpose for which the amounts were collected, the name of the person paying the same and such other information as the State Auditor may require. The ledger so maintained shall be open to inspection of the State Treasurer and the State Auditor or their authorized agents at all times” and substitute in lieu thereof the sentences “Every and all amounts so collected shall be recorded showing the purpose for which the amounts were collected, the name of the person paying same and such other information as the Justice of the Peace Court may require. The information so maintained shall be open to inspection by the State Treasurer and the State Auditor or their authorized agents at all times.
Section 10. Amend §5915, Title 11 of the Delaware Code by deleting subsections (b) and (c) in their entirety and redesignating subsection “(d)” as subsection “(b)”.
Section 11. Amend Chapter 59, Title 11 of the Delaware Code by deleting §5918 as it appears in that Chapter in its entirety and substituting in lieu thereof the following:
“§5918. All traffic and criminal warrants and bonds shall be retained of record in the Justice of the Peace Court that issued same. A justice of the peace shall certify transcripts of such records to be a true copy of the original.”