HB 129 DE

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Became Law

Currently, if a child’s criminal case is transferred by the Family Court to Superior Court, or 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. This Act also makes technical corrections to conform with H.B. 115 of the 151st General Assembly, which was enacted into law on November 8, 2021 and prohibited transfers to Superior Court for children under the age of 16 in all but the most serious offenses.

• Cyndie Romer Democratic · primary
• Sean M. Lynn Democratic · primary
• William Bush Democratic · primary
• Marie Pinkney Democratic · primary
• Mara Gorman Democratic · primary
• Nicole Poore Democratic · primary
• Kerri Evelyn Harris Democratic · primary
• Spiros Mantzavinos Democratic · primary
• Claire Snyder-Hall Democratic · primary

1. May 1, 2025 Introduced and Assigned to Judiciary Committee in House · lower
2. May 14, 2025 Reported Out of Committee (Judiciary) in House with 9 On Its Merits · lower
3. May 15, 2025 Passed By House. Votes: 33 YES 8 ABSENT · lower
4. May 15, 2025 Assigned to Judiciary Committee in Senate · upper
5. Jun 11, 2025 Reported Out of Committee (Judiciary) in Senate with 5 On Its Merits · upper
6. Jun 24, 2025 Passed By Senate. Votes: 21 YES · upper
7. Aug 20, 2025 Signed by Governor · executive