CHAPTER 265

RELATING TO FAMILY COURT OF NEW CASTLE COUNTY

AN ACT TO AMEND CHAPTER 9 OF TITLE 10 DELAWARE CODE ENTITLED "FAMILY COURT FOR NEW CASTLE COUNTY" BY GRANTING JURISDICTION TO THE FAMILY COURT OVER ANY CHILD FOUND IN NEW CASTLE COUNTY; BY EMPOWERING SAID COURT TO PROSECUTE PERSONS CHARGED WITH ANY OFFENSE EXCEPT FELONIES AGAINST CHILDREN; BY GRANTING JURISDICTION TO SAID COURT OF THE CRIME COMMONLY KNOWN AS "WIFE-BEATING"; BY GRANTING JURISDICTION TO THE SAID COURT OF THE OFFENSE OF SELLING OR DELIVERING ALCOHOLIC LIQUORS TO A MINOR; BY GRANTING JURISDICTION TO SAID COURT OF THE CRIME OF HARBORING OR USING A CHILD FOR SEXUAL PURPOSES; BY EMPOWERING SAID COURT TO PUNISH ANY PERSON ATTEMPTING TO EVADE THE JURISDICTION OF THE COURT BY REMOVING FROM THE STATE A CHILD CONCERNING WHOSE CUSTODY OR POSSESSION PROCEEDINGS HAVE BEEN FILED WITH THE COURT.

Be it enacted by the General Assembly of the State of Delaware, (two-thirds of all Members elected to each Branch thereof concurring therein):

Section 1. Amend Title 10 Delaware Code by striking out sub-section (1) of § 951 thereof, and by substituting in lieu of the part stricken a new sub-section (1) §, 951 to read :

(1) Concerning any child residing or found in New Castle County who is alleged to be delinquent, neglected or dependent;

Section 2. Further amend Title 10 Delaware Code by striking out sub-section (2) of § 951 thereof, and by substituting in lieu of the part stricken a new sub-section (2) of § 951 to read :

(1) Concerning any child residing or found in New Castle County charged with having violated any law of this State or any charter, ordinance or regulation of a sub-division thereof.

Section 3. Further amend Title 10 Delaware Code by striking out sub-section (4) of § 951 thereof, and by substituting in lieu of the part stricken a new sub-section (4) § 951 to read :

(4) For the prosecution and punishment of persons charged with ill treatment, abuse, abandonment or neglect of children, or with contributing to a child's delinquency, or with any other common law or statutory offense against a child, or in which a child is used in the commission of crime, with or without the child's consent, except felonies against children.

Section 4. Further amend Title 10 Delaware Code by striking out the words "and wife-beating", as said words appear in sub-section (5) of § 951 thereof.

Section 5. Further amend Title 10 Delaware Code by adding at the end of sub-section (16) of § 951 thereof, relating to exclusive jurisdiction, the following words:

"and relative to the sale or delivery, directly or indirectly, of alcoholic liquor to and for consumption by a person less than twenty-one (21) years of age, as provided in § 904 Title 4, Delaware Code."

Section 6. Further amend Title 10 Delaware Code by adding two new sub-sections (20) and (21) immediately following sub-section (19) of § 951 thereof relating to exclusive jurisdiction, as follows :

(20) Of the offense of harboring a male or female child under eighteen (18) years for sexual purposes or in a house of ill fame, as provided by § 821, Title 11, Delaware Code.

(21) For the prosecution and punishment by contempt proceedings of any person who shall attempt to evade the jurisdiction of the Court by removing from the State of Delaware any child, for the gaining or retaining of whose possession or custody habeas corpus or other proceedings shall have been regularly filed with the Court.

Approved June 9, 1955.