Delaware 2023-2024 Regular Session

Delaware House Bill HB356

Introduced
5/7/24  
Introduced
5/7/24  
Engrossed
5/16/24  
Refer
5/7/24  
Engrossed
5/16/24  
Enrolled
6/27/24  
Refer
5/16/24  
Passed
7/29/24  
Enrolled
6/27/24  

Caption

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.

Impact

If passed, HB356 would significantly affect how juvenile offenses occurring on military installations are handled. The State would gain the authority to adjudicate these cases, contributing to potentially better outcomes for juveniles due to access to state resources focused on rehabilitation rather than punishment. Specifically, the bill allows Family Court to hear cases involving delinquent acts, ensuring that young offenders are treated in a manner suitable for their age and circumstances. This also includes provisions for sentencing juveniles as adults in specific serious cases, aligning state law with federal expectations while ensuring legal protections for juvenile offenders.

Summary

House Bill 356 amends Titles 10 and 29 of the Delaware Code to establish concurrent jurisdiction over juveniles who commit crimes on United States military installations. This Act responds to the existing challenges of the federal court system, where juveniles charged with crimes often face trial as adults and lack access to juvenile-focused resources. By allowing Delaware to accept concurrent legislative jurisdiction, the bill provides a framework for prosecuting juvenile offenders within the state system rather than the federal system, which is particularly critical given the lack of specialized juvenile resources at the federal level.

Sentiment

The general sentiment around HB356 appears to be positive among supporters who emphasize the need for better handling of juvenile crimes and a more focused approach towards rehabilitation. Supporters argue that the bill is essential for protecting the rights of juveniles and ensuring they receive appropriate support and guidance post-offense. However, some concerns may arise regarding the implications of concurrent jurisdiction and how it might affect the existing legal framework around juvenile justice, particularly with the potential for confusion or overlap with federal proceedings.

Contention

One notable point of contention surrounding HB356 revolves around the implications of establishing concurrent jurisdiction. While supporters laud it as necessary for improving juvenile justice outcomes, there may be hesitance regarding the complexities it introduces. Questions arise about the specifics of how jurisdiction will be administered in practice, the potential for differing standards between state and federal approaches, and how resources will need to be allocated to handle the increased responsibilities placed on state agencies. Furthermore, legislative clarity on the relationship between state and federal laws concerning juvenile offenders will be crucial to avoid jurisdictional conflicts.

Companion Bills

No companion bills found.

Similar Bills

PA HB469

Amending the act of August 5, 1977 (P.L.181, No.47), entitled "An act providing for the acceptance by the Governor of jurisdiction relinquished by the United States to the Commonwealth over lands within the Commonwealth's boundaries," further providing for general provisions and for procedure relating to concurrent jurisdiction over military installations.

ND HB1033

Concurrent federal jurisdiction on military installations.

KS HB2242

Authorizing the governor to accept requests of concurrent jurisdiction from the federal government in certain circumstances.

LA SB271

Provides for relative concurrent jurisdiction of federal military installations within the state. (8/1/24) (EN NO IMPACT See Note)

CA SB352

The military: sexual harassment.

SC H3910

Jurisdiction

OK SB930

United States; granting the State of Oklahoma concurrent jurisdiction on military installations upon completion of certain act; authorizing certain reciprocal agreement. Effective date.

AZ HCR2059

Establishment; Arizona state guard