DelawareHB 129153rd General Assembly (2024–2026)House

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO APPEALS OF COURT DECISIONS ON MOTIONS TO TRANSFER.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 1 costs, 1 mixed.

Younger teens shielded from adult trials

Children older than 12 but younger than 16 can be prosecuted as adults only for first- or second-degree murder or rape. All other charges for ages 12–15 stay in Family Court.

More teen cases stay in adult court

The law requires adult trial if a child was previously found not amenable or a prior transfer was denied, and the child is later charged. Superior Court keeps jurisdiction if the child was previously not amenable, denied transfer, or already convicted as an adult of any Title 11 or 16 felony, unless the Supreme Court reverses under this section. If a 16-year-old commits a felony while escaping a Level IV or V facility, the court must hold a hearing; with a fair likelihood of conviction, the case goes to adult court, otherwise it stays in Family Court. If a case meets adult-eligibility tests and the crime happened on a military base with concurrent juvenile jurisdiction, it can proceed in adult court.

New direct appeals on transfer decisions

If Family Court found a child not amenable and the child later pleads guilty or nolo in Superior Court, the child can directly appeal that finding. If Superior Court denied a request to move the case to Family Court and the child later pleads guilty or nolo, the child can appeal that denial. The appeal must be filed within 30 days of sentence. Pleas cannot require giving up this appeal right.

Review hearings for 16-year-old cases

When the judge or the Attorney General moves, Family Court must pause a case for a 16-year-old and hold an amenability hearing. The hearing decides if juvenile rehabilitation fits or if the case should go to adult court. Other proceedings stop until the hearing ends.

Sponsors & Cosponsors

Sponsor

Cyndie Romer
Democratic • House

Cosponsors

William Bush
Democratic • House
Mara Gorman
Democratic • House
Krista Griffith
Democratic • House
Kerri Evelyn Harris
Democratic • House
Kyra L. Hoffner
Democratic • Senate
Larry Lambert
Democratic • House
Sean M. Lynn
Democratic • House
Marie Pinkney
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 54 • No: 0

Senate vote • 6/24/2025

Passed (SM required)

Yes: 21 • No: 0

House vote • 5/15/2025