SPONSOR: Rep. Romer & Rep. Bush & Sen. Pinkney Rep. Lynn HOUSE OF REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE BILL NO. 424 AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO APPEALS OF SUPERIOR COURT DENIALS OF REVERSE AMENABILITY ORDERS.
SPONSOR: Rep. Romer & Rep. Bush & Sen. Pinkney Rep. Lynn
SPONSOR: Rep. Romer & Rep. Bush & Sen. Pinkney
Rep. Lynn
SPONSOR:
Rep. Romer & Rep. Bush & Sen. Pinkney
Rep. Lynn
HOUSE OF REPRESENTATIVES
152nd GENERAL ASSEMBLY
HOUSE BILL NO. 424
AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO APPEALS OF SUPERIOR COURT DENIALS OF REVERSE AMENABILITY ORDERS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: Section 1. Amend 1011, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows: 1011. Transfer of cases from Superior Court to Family Court. Court and appeals of denials of transfers. (e) In the event the Superior Court denies the application to transfer the case to the Family Court and the defendant subsequently enters a plea of guilty or nolo contendere, the defendant shall have the right, within 30 days of their sentence, to directly appeal the denial of transfer to the Supreme Court. No plea may be conditioned on a defendant waiving the defendants right of appeal under this subsection. (e) (f) Notwithstanding any provision of this section or title to the contrary, the Superior Court shall retain jurisdiction over any case involving a child where the child has previously been declared to be nonamenable to rehabilitative processes of the Family Court pursuant to 1010 of this title, or where the child has previously been the subject of a denied application for transfer pursuant to this section, or where the child has previously been convicted as an adult of any felony as set forth in Title 11 or 16. 16, unless the prior Superior Court order has been reversed by the Supreme Court under this section.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend 1011, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
1011. Transfer of cases from Superior Court to Family Court. Court and appeals of denials of transfers.
(e) In the event the Superior Court denies the application to transfer the case to the Family Court and the defendant subsequently enters a plea of guilty or nolo contendere, the defendant shall have the right, within 30 days of their sentence, to directly appeal the denial of transfer to the Supreme Court. No plea may be conditioned on a defendant waiving the defendants right of appeal under this subsection.
(e) (f) Notwithstanding any provision of this section or title to the contrary, the Superior Court shall retain jurisdiction over any case involving a child where the child has previously been declared to be nonamenable to rehabilitative processes of the Family Court pursuant to 1010 of this title, or where the child has previously been the subject of a denied application for transfer pursuant to this section, or where the child has previously been convicted as an adult of any felony as set forth in Title 11 or 16. 16, unless the prior Superior Court order has been reversed by the Supreme Court under this section.
SYNOPSIS 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 childs 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 Courts Order.
SYNOPSIS
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 childs 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 Courts Order.