DE HB207 | 2017-2018 | 149th General Assembly

Status

Completed Legislative Action
Spectrum: Slight Partisan Bill (Republican 5-3)
Status: Passed on June 30 2017 - 100% progression
Action: 2017-06-30 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]

Summary

This Act provides judicial economy in the disposition of Driving Under the Influence (DUI) offenses by providing a trial for misdemeanor DUI offenses only in the Court of Common Pleas. This Act permits the Justice of the Peace Court to accept guilty pleas and first offender elections. This Act also requires that any offense properly joined with a DUI offense remains so joined for the purpose of trial. Under current Delaware law, all cases are initiated in the Justice of the Peace Court for the purposes of setting bail. On June 30, 2017, the States ability to transfer these cases, provided by House Bill 277 of the 147th General Assembly, sunsets. Thereafter, in matters over which the Justice of the Peace and the Court of Common Pleas have concurrent jurisdiction, only the defendant has a statutory right and mechanism (11 Del. C. ยง 5303) to transfer to the Court of Common Pleas. A single track for the disposition of DUI offenses also provides a mechanism for all DUI offenders to be considered for the specialized, treatment-focused post-adjudication DUI Court in the Court of Common Pleas.

Tracking Information

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Title

An Act To Amend Title 21 Of The Delaware Code Relating To The Driving A Vehicle While Under The Influence.

Sponsors


Roll Calls

2017-06-29 - Senate - Senate Third Reading (Y: 12 N: 6 NV: 3 Abs: 0) [PASS]
2017-06-20 - House - House Third Reading (Y: 41 N: 0 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2017-06-30 Signed by Governor
2017-06-29 Passed By Senate. Votes: 12 YES 6 NO 3 NOT VOTING
2017-06-21 Reported Out of Committee (Judicial & Community Affairs) in Senate with 3 On Its Merits
2017-06-20 Assigned to Judicial & Community Affairs Committee in Senate
2017-06-20 Passed By House. Votes: 41 YES
2017-06-14 Reported Out of Committee (Judiciary) in House with 7 On Its Merits
2017-06-01 Introduced and Assigned to Judiciary Committee in House

Delaware State Sources


Bill Comments

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