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

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Higher age limits for juvenile transfer hearings

Family Court can start a hearing on a child's ability to benefit from juvenile rehabilitation at age 16 or older. The Attorney General's threshold rises from 14 to 16, with the delinquency charge coming after the child reaches 16. A separate escape-related referral threshold rises from 15 to 16, also requiring a later charge. That rule covers alleged felonies committed while escaping from Level IV or V facilities run for or by Delaware's youth department. On either court's own motion or the Attorney General's motion, Family Court must send qualifying escape cases to adult court if conviction is fairly likely; otherwise, they stay in Family Court.

New appeal rights for children pleading guilty

Children gain direct appeal rights after pleading guilty or no contest in Superior Court following either of two decisions. One is a Family Court finding that the child cannot benefit from juvenile rehabilitation. The other is Superior Court's refusal to transfer the case to Family Court. The child must appeal to the Delaware Supreme Court within 30 days after sentencing. A plea cannot require the child to give up either appeal right.

Adult court authority depends on children's appeals

Superior Court keeps authority over sentencing and later conviction challenges when a child is convicted of a lesser crime included in the charge. This covers convictions after trial or a guilty or no-contest plea, unless Delaware's Supreme Court reverses the relevant Family Court order. Superior Court also keeps cases involving a prior finding that juvenile rehabilitation is unsuitable, a denied transfer, or an adult felony conviction. That retention rule does not apply if the Supreme Court reverses the relevant Superior Court order.

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