CHAPTER 102

AN ACT TO AMEND TITLE 11, DELAWARE CODE, IN RELATION TO THE PROSECUTION OF CHILDREN AS ADULTS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 11, Delaware Code, is amended by striking out Subchapter II of Chapter 27 thereof, and by enacting in lieu thereof a new Subchapter II of Chapter 27 to read:

SUBCHAPTER II. PROSECUTION OF CHILDREN AS ADULTS

§ 2711. Grounds for jurisdictional change

Any child, who has attained his or her sixteenth birthday and who is alleged to have thereafter committed an offense, which, but for the passage of this subchapter would have been a delinquent act only, and who, in the judgment of the court which conducts on behalf of the State of Delaware a hearing in his or her interest, is not amenable to and will not profit by the processes of the court, may be proceeded against by information or indictment and be prosecuted in the same manner and in the same court, and upon conviction shall suffer the same penalties for the commission of the offense as if the child were an adult at the time of the commission of the offense.

§ 2712. Vesting of exclusive jurisdiction in Superior Court

When there shall have been filed in the office of the Prothonotary of the county in which the offense was committed, as a part of the permanent records in the case, a statement in writing, signed by the judge of the inferior court having jurisdiction of the child and of the offense, setting forth that in the judgment of the court the child is not amenable to and will not profit by the processes of the court, the same shall constitute a deprivation of jurisdiction over the person and the offense of the child of all inferior courts of this State, and the sole and exclusive jurisdiction of the person and of the offense of the child shall vest in the Superior*Court and the Attorney General may thereafter proceed by information or indictment, as the case may be.

Approved June 25, 1959.