Bill Text: DE HB135 | 2011-2012 | 146th General Assembly | Draft

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Bill Title: An Act To Amend Title 11 Of The Delaware Code Relating To The Jurisdiction Of The Courts.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Passed) 2012-01-30 - Signed by Governor [HB135 Detail]

Download: Delaware-2011-HB135-Draft.html

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SPONSOR:	Rep. George & Sen. Blevins
	Rep. J. Johnson; Sen. Henry

HOUSE OF REPRESENTATIVES

146th GENERAL ASSEMBLY

HOUSE BILL NO. 135

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE JURISDICTION OF THE COURTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1.Amend §5303, Title 11 of the Delaware Code by striking the phrase "or the maximum fine is $15 or more may be imposed" as it appears therein and substituting in lieu thereof the phrase "may be imposed or the maximum fine is $100 or more".

Section 2.Further amend §5303, Title 11 of the Delaware Code by inserting a new sentence at the end thereof to read as follows:

"If an offense or criminal case within the exclusive jurisdiction of a justice of the peace or alderman or mayor of any incorporated city or town, except the City of Newark, is or may be joined properly with a criminal case or other offense that is within the jurisdiction of the Court and has been transferred upon the accused's election pursuant to this section, such criminal case shall be within the jurisdiction of the Court.".

SYNOPSIS

The bill raises the "maximum fine" threshold that gives a defendant an automatic right to transfer a criminal case from a Justice of the Peace Court or Alderman's Court to the Court of Common Pleas from $15 to $100.It would leave unchanged the automatic right to transfer any criminal case in which there is a "possibility that a period of incarceration" could be imposed.Where there is more than one offense charged, each of which is within the exclusive jurisdiction of the Justice of the Peace Court or Alderman's Court, the entire case would remain within the exclusive jurisdiction of the Justice of the Peace Court or Alderman's Court.Conversely, where there is more than one offense charged, and at least one of those offenses is within the concurrent jurisdiction of the Court of Common Pleas, the Court of Common Pleas may exercise concurrent jurisdiction over the entire case.