Delaware House Bill 356
Session 152
An Act To Amend Titles 10 And 29 Of The Delaware Code Relating To Concurrent Jurisdiction Of Juveniles Who Commit Crimes On United States Military Installations.
Active
Passed Senate on Jun 27, 2024
Sponsors
11 Sponsors
Nnamdi O. Chukwuocha
Kendra Johnson
Nicole Poore
Paul S. Baumbach
William J. Carson
Richard G. Collins
S. Elizabeth Lockman
Kerri Evelyn Harris
Sean M. Lynn
Eric Morrison
Cyndie Romer
First Action
May 7, 2024
Latest Action
Jun 27, 2024
Origin Chamber
House
Type
Bill
Bill Number
356
State
Delaware
Session
152
Cyndie Romer
grade
Primary
Kerri Evelyn Harris
grade
Primary
checkPassed on May 16, 2024
Motion Text
SM
House Roll Call Votes
Cyndie Romer
Yes
Other
DeShanna U Neal
Yes
Jeff Hilovsky
Yes
Kerri Evelyn Harris
Yes
Yes
Sophie Phillips
Yes
Stell Parker Selby
Yes
Stephanie T. Bolden
Yes
Valerie Jones Giltner
Yes
Yes
Summary
On military installations subject to exclusive federal jurisdiction, the investigation and prosecution of juveniles for alleged violation of federal crimes is conducted in the federal court system. The federal court system often tries juveniles as adults and it lacks juvenile-focused resources. Federal law, however, permits the State to accept concurrent jurisdiction over juvenile matters on military installations if a request is made by a United States official and the Governor, via Executive Order, accepts the request.
This Act provides the statutory authority for the State to accept concurrent jurisdiction over crimes or delinquent acts involving juveniles on military installations located in the State.
According to this Act, if the Governor accepts a request for concurrent criminal juvenile legislative jurisdiction from a United States official, a State agency or local government agency may enter into a memorandum of understanding with any federal agency for coordination and designation of responsibility related to the concurrent criminal juvenile legislative jurisdiction.
This Substitute bill adds “delinquent acts” to those juvenile matters the Family Court has jurisdiction to adjudicate within a military installation. It also clarifies that offenses within a military installation that are adjudicated in Family Court must have been committed while the child was under the age of 18.
This Substitute bill also provides concurrent jurisdiction for those criminal offenses involving a child in which the child has been determined to be amenable to prosecution as an adult in Superior Court.
This Substitute bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Sort by most recent
06/27/2024
Senate
Passed By Senate. Votes: 20 YES 1 ABSENT
05/22/2024
Senate
Reported Out of Committee (Judiciary) in Senate with 6 On Its Merits
05/16/2024
Senate
Assigned to Judiciary Committee in Senate
05/16/2024
House
Passed By House. Votes: 40 YES 1 ABSENT
05/08/2024
House
Reported Out of Committee (Judiciary) in House with 4 Favorable, 3 On Its Merits
05/07/2024
House
Adopted in lieu of the original bill HB 356, and Assigned to Judiciary Committee in House
Sources
Open States
Record Created
Mar 28, 2024 7:14:47 PM
Record Updated
Jun 28, 2024 5:48:05 PM