James Johnson
- Democratic
Primary
This bill permits judges to utilize their discretion in determining whether a juvenile charged with possession of a firearm during commission of a felony should be transferred back to Family Court or remain in Superior Court. Prior to 2017, possession of a firearm during the commission of a felony was only one of five criminal charges where judges had no discretion in determining whether a juvenile should be treated as a juvenile or an adult because the statute required a juvenile charged with these offenses to be prosecuted as an adult. House Bill 9, which was enacted last year, provided judges the discretion to determine how a juvenile should be treated for four other offenses. This is a continuation of that effort. The bill simply changes the language from ‘shall’ to ‘may’ to allow judges to weigh the possibility that a juvenile may be better served in Delaware’s Family Court system through the amenability process already enumerated in Title 10 § 1010 and § 1011. This bill also raises the age from 15 to 16.
Signed by Governor
Passed By Senate. Votes: 20 YES 1 NO
Reported Out of Committee (Judicial & Community Affairs) in Senate with 4 On Its Merits
Assigned to Judicial & Community Affairs Committee in Senate
Passed By House. Votes: 41 YES
Amendment HA 1 to HB 306 - Introduced and Placed With Bill
Amendment HA 1 to HB 306 - Stricken in House
Amendment HA 2 to HB 306 - Passed In House by Voice Vote
Reported Out of Committee (Judiciary) in House with 7 Favorable, 3 On Its Merits
Introduced and Assigned to Judiciary Committee in House
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