CHAPTER 308

OFFENSES AGAINST PRIVATE PROPERTY RELATING TO MALICIOUS MISCHIEF

AN ACT TO AMEND CHAPTER 150 OF THE REVISED CODE OF DELAWARE, 1935, AS AMENDED, RELATING TO MALICIOUS MISCHIEF AND PROVIDING PENALTIES THEREFOR; PROVIDING FOR PROCEEDINGS WITHOUT INDICTMENT BY GRAND JURY OR TRIAL BY PETIT JURY IN CERTAIN CASES; VESTING JURISDICTION IN THE MUNICIPAL COURT OF THE CITY OF WILMINGTON, THE COURTS OF COMMON PLEAS AND THE JUSTICES OF THE PEACE IN CERTAIN CASES; AND PROVIDING NO CRIMINAL PROCEEDING COMMENCED PRIOR TO THE APPROVAL OF THIS ACT SHALL BE AFFECTED HEREBY.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the Members elected to each Branch thereof concurring therein):

Section 1. That Chapter 150 of the Revised Code of Delaware, 1935, as amended, be and the same is hereby further amended by inserting after 5239. Sec. 59. the following new Section to be known as 5239A. Sec. 59A.:

5239A. Sec. 59A. Malicious Mischief, Misdemeanor; Penalties; Providing for Proceedings without Indictment by Grand Jury or Trial by Petit Jury in certain cases; Vesting Jurisdiction in the Municipal Court of the City of Wilmington, the Courts of Common Pleas and the Justices of the Peace in certain cases; and Providing no Criminal Proceeding commenced prior to the Approval of this Act shall be Affected Hereby:--(a) Whoever shall unlawfully, maliciously and mischievously destroy or injure, or cause to be destroyed or injured, any real or personal property, or any other thing of value, to the value of One Hundred Dollars ($100.00), or upwards, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine or imprisonment, or by both such fine and imprisonment, in the discretion of the Court.

(b) Whoever shall unlawfully, maliciously and mischievously destroy or injure, or cause to be destroyed or injured, any real or personal property, or any other thing of value, to the value of less than One Hundred Dollars ($100.00), shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00), or be imprisoned for a term not exceeding six (6) months, or by both fine and imprisonment, in the discretion of the Court.

() The Municipal Court of the City of Wilmington shall have concurrent jurisdiction with the Court of General Sessions to inquire of, hear, try, and finally determine all offenses under Paragraph (b) of this Section committed within the corporate limits of the City of Wilmington, and to punish all persons convicted of said offenses, or any of them, agreeable to the laws of this State. The Courts of Common Pleas for the respective counties and the several Justices of the Peace shall have like concurrent jurisdiction to inquire of, hear, try, and finally determine all such offenses, except those committed within the corporate limits of the City of Wilmington, and to punish all persons convicted of said offenses, or any of them, agreeable to the laws of this State.

(a) The proceedings under Paragraph (c) of this Section shall be without indictment by Grand Jury, or trial by petit jury; provided, however, that every person convicted of this offense in any Court of Common Pleas, in any Magistrate's Court, or in the Municipal Court of the City of Wilmington shall have the right to an appeal to the Court of General Sessions of the County. No such conviction or sentence shall be stayed pending appeal unless the person convicted shall give bond in an amount and with surety to be fixed by the Judge or Magistrate before whom such person was convicted, at the time such appeal is taken. Such appeal shall be taken and bond given within five (5) days from the time of conviction.

Section 2. No criminal proceeding commenced prior to the date of approval of this Act shall be in any manner affected by this Act.