HB 115 DE

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Became Law

United States Supreme Court case law and scientific research has changed how we think about juvenile delinquency. We know now that an adolescent’s brain is not fully developed until the mid-twenties which makes juveniles especially prone to poor decision-making. In the landmark case of Miller v. Alabama, in which the United States Supreme Court prohibited mandatory life sentences without parole for juveniles on the rationale that children are inherently different than adults, the Court relied not only scientific research but on common sense and what any parent knows: kids will be kids. Children in Delaware have minimum ages set for many things: getting a driver’s license, enlisting in the military, applying for a loan or opening a credit card, using a tanning bed, drinking alcohol, and buying tickets to an R-rated movie. This legislation sets a minimum age at which a child may be prosecuted, except for the most extreme offenses. This Bill prohibits the prosecution of children under the age of 12. It also bars the transfer of juvenile prosecution to the Superior Court unless the child is aged 16 or older. The exception to the prohibition on prosecuting children under 12 and transfer to Superior Court for children under 16, is only for the most serious of charges: murder in the first degree, murder in the second degree, rape in the first and rape in the second degree or accused of using, displaying, or discharging a firearm during the commission of a Title 11 or a Title 31 violent felony set forth in § 4201(c) of Title 11. However, the bill allows for the prosecution of children under 12 for title 11 violent felonies and misdemeanor crimes of violence until January 1, 2022, when prosecution of such children will expire and thereafter children under the age of 12 who are suspected of committing a Title 11 violent felony or misdemeanor violent felony will be referred to the Juvenile Offender Civil Citation Program.

• Nnamdi O. Chukwuocha Democratic · primary
• Bryan Townsend Democratic · primary
• Darius J. Brown Democratic · primary
• Sherry Dorsey Walker · primary
• Debra Heffernan Democratic · primary

1. Mar 16, 2021 Introduced and Assigned to Judiciary Committee in House · lower
2. Mar 23, 2021 Reported Out of Committee (Judiciary) in House with 4 Favorable, 5 On Its Merits · lower
3. Jun 17, 2021 Passed By House. Votes: 40 YES 1 ABSENT · lower
4. Jun 17, 2021 Assigned to Judiciary Committee in Senate · upper
5. Jun 23, 2021 Reported Out of Committee (Judiciary) in Senate with 3 Favorable, 2 On Its Merits · upper
6. Jun 29, 2021 Passed By Senate. Votes: 21 YES · upper
7. Nov 8, 2021 Signed by Governor · executive

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Bill Text · HTML
• Bill Text · PDF