CHAPTER 115

FORMERLY SENATE BILL NO. 101

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21, DELAWARE CODE, CHAPTER 7, RELATING TO THE JURISDICTION OF CERTAIN COURTS OVER CHILDREN SIXTEEN OR SEVENTEEN YEARS OLD CHARGED WITH VIOLATIONS OF THE MOTOR VEHICLE LAWS.

WHEREAS, the legislation providing for the new state-wide Family Court and its jurisdiction has redefined the jurisdiction of the new Family Court over Motor Vehicle offenses; and

WHEREAS, jurisdiction over certain Motor Vehicle offenses is to be given to various courts other than the Family Court.

NOW, THEREFORE,

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

Section 1. Title 21, Delaware Code, Chapter 7, is amended by adding thereto a new § 704A to read as follows:

§704A. Jurisdiction over certain children

(a) Justices of the Peace and the Municipal Court for the City of Wilmington, shall have jurisdiction over a child sixteen or seventeen years of age or older charged with having violated any provision in Chapter 41 of this Title except: obedience to a police officer (§4103); reckless driving (4175); and driving, operating or having in actual physical control a motor vehicle while under the influence of intoxicating liquor or any drug or combination thereof ( § 4176).

(b) Justices of the Peace and arresting officers shall conform to the procedure for advising the accused of all rights of election of trial in the Courts of Common Pleas as provided in Title 1 I , Delaware Code, § 5901.

(c) The provision of § 704 of this title shall also be applicable to all alleged offenders.

(d) Justices of the Peace and the Municipal Court for the City of Wilmington shall adhere to the procedures, where applicable, as specified in Title 10, Delaware Code, Chapter 9, for offenders over whom they have jurisdiction pursuant to this section.

Section 2. The provisions of this Act shall become effective ninety (90) days after the Governor's signature hereof.

Approved June 9, 1971.