Delaware House Bill 424

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Spectrum: Partisan Bill (Democrat 4-0)
Status: Introduced on June 6 2024 - 25% progression, died in committee
Action: 2024-06-06 - Introduced and Assigned to Judiciary Committee in House
Pending: House Judiciary Committee
Text: Latest bill text (Draft #1) [HTML]

Currently, if a child files an application in Superior Court to have their criminal case transferred to Family Court and the Superior Court denies the application, there is no recourse for appeal until the childs criminal case is finally adjudicated in Superior Court. In State v. Roberts, Del.Supr. 282 A.2nd 603 (1971) the Delaware Supreme Court stated its jurisdiction, over such appeals by an accused, may only be by operation of law. This Act permits the child to enter a plea of guilty or nolo contendere and appeal an amenability denial to the Delaware Supreme Court within 30 days of being sentenced by the Superior Court. This Act also prohibits any plea being conditioned on waiving this right of appeal. This Act also clarifies that the Superior Court will not retain jurisdiction over the child if the Supreme Court reverses the Superior Courts Order.

An Act To Amend Title 10 Of The Delaware Code Relating To Appeals Of Superior Court Denials Of Reverse Amenability Orders.

Rep. Cyndie Romer [D]

Rep. William Bush [D]

Sen. Marie Pinkney [D]

Rep. Sean Lynn [D]

Date	Chamber	Action
2024-06-06		Introduced and Assigned to Judiciary Committee in House

Type	Source
Summary	https://legis.delaware.gov/BillDetail?LegislationId=141494
Text	https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=141494&legislationTypeId=1&docTypeId=2&legislationName=HB424