HB 424 DE
AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO APPEALS OF SUPERIOR COURT DENIALS OF REVERSE AMENABILITY ORDERS.
A state bill is a proposed law in a state legislature — separate from the U.S. Congress. Learn more →
Summary
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 child’s 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 Court’s Order.
Sponsors (4)
- Cyndie Romer Democratic · primary
- William Bush Democratic · primary
- Marie Pinkney Democratic · primary
- Sean M. Lynn Democratic · primary
Action history (1)
- Jun 6, 2024 Introduced and Assigned to Judiciary Committee in House · lower
Full text
The full text hasn’t been imported yet. CivicGate fetches it from the state legislature’s published version documents — check now.
Comments
Data from OpenStates. View on OpenStates →
Comments