AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO APPEALS OF SUPERIOR COURT DENIALS OF REVERSE AMENABILITY ORDERS.
- Introduced Jun 6, 2024
- In committee Jun 6, 2024
- Died
- Passed the Senate
- To the governor
- Became law
What it does
The legislature's own summary of the bill, or its official long title.
Currently, 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…
Read the full title (144 words)
Currently, 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.
Every action
1 step, oldest first, as the legislature records them.
- CommitteeIntroduced and Assigned to Judiciary Committee in House · House Judiciary
Roll calls
No recorded votes on this bill yet.
Sponsors
The member who introduced it, joined by 1 cosponsor: 1 Democrat.
- CR Cyndie RomerD Primary sponsor · District 25
- WB William BushD Joint sponsor · District 29
- MP Marie PinkneyD Joint sponsor · District 13
All 1 cosponsor
From Delaware's official records (legis.delaware.gov), checked Nov 1, 2026. Text links go to the official versions; LegiList does not copy bill text.