CHAPTER 596

FORMERLY

HOUSE BILL NO. 599

AN ACT TO AMEND TITLES 10 AND 11 OF THE DELAWARE CODE RELATING TO CERTAIN CRIMES COMMITTED BY JUVENILES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 921(2)6 of Title 10 of the Delaware Code by striking the second paragraph of said paragraph in its entirety and by substituting in lieu thereof the following:

"Superior Court shall retain jurisdiction for purposes of sentencing and all other postconviction proceedings if any judge or jury shall find the child guilty of a lesser included crime following a trial or plea of guilty in any prosecution for one of the crimes specifically defined in this subsection, or for any crime where the child has been transferred to the Superior Court by the Family Court pursuant to § 1010 of this Title."

Section 2. Amend Section 1010(0(2) of Title 10 of the Delaware Code by striking the phrase has reached his 16th birthday and" as it appears therein.

Section 3. Amend Section I 010(c) of Title 10 of the Delaware Code by redesignating paragraph (2) thereof as paragraph (3).

Section 4. Amend Section 1010(c)(1) of Title 10 of the Delaware Code by striking the first sentence of paragraph ( 1 ) in its entirety and by striking the phrase "whether the child is so amenable" as it appears in the first clause of the second sentence of said paragraph and substituting in lieu thereof the phrase "whether a child is amenable to the rehabilitative processes of the Court."

Section 5. Amend Section 1010(e) of 10 of the Delaware Code by adding thereto a new paragraph (2), to read as follows:

"(2) The Court shall defer further proceedings in the Family Court and shall conduct a hearing to determine whether the child is amenable to the rehabilitative process of the Court:

a. Upon motion of the Court, whenever a child is charged with delinquency; or

a. Upon motion of the Attorney General, whenever a child has reached his or her 14th birthday and is thereafter charged with being delinquent; or

b. Whenever a child has reached his or her 14th birthday, and is thereafter charged in accordance with § 1009(c)(5) of this Title."

Section 6. Amend Section 1010 of Title 10 of the Delaware Code by adding thereto a no., subsection (d) to read as follows:

"(d) Notwithstanding any provisions of this Title to the contrary, in any case in which the Superior Court has jurisdiction over a child, the Court shall retain jurisdiction for purposes of sentencing and all other postconviction proceedings if any judge or jury shall find the child guilty of a lesser included crime following a trial or plea of guilty."

Section 7. Amend Section 1447A(e) of Title 11 of the Delaware Code by striking the phrase "16 years" as it appears therein, and by substituting in lieu thereof the phrase "15 years".

Section 8. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or application of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.

Section 9. Any action, case, prosecution, trial or other legal proceeding in progress at the time of the enactment into law of the provisions of this Act, no matter the stage of the proceeding, shall be preserved and shall not become illegal or terminated upon the effective date of this Act. The prior law shall remain in full force and effect ns to all such proceedings in progress at the time of enactment of this Act.

Section 10. the provisions of Sections 1 and 6 of this Act shall be effective immediately upon enactment. The provisions of the remaining sections of this Act shall be effective with respect to all crimes or acts of delinquency committed after January 15, 1998.

Approved July 31, 1996