CHAPTER 480

FORMERLY HOUSE BILL

NO. 965

AN ACT TO AMEND CHAPTERS 47 AND 49, TITLE 16 OF THE DELAWARE CODE, AND SENATE BILL 226 AS AMENDED AND HOUSE BILL 726 AS AMENDED OF THE 126th GENERAL ASSEMBLY RELATING TO FAMILY COURT JURISDICTION OVER JUVENILE DRUG OFFENSES.

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

Section 1. Amend Section 4732, Title 16, Delaware Code, by striking said section in its entirety and substituting in lieu thereof a new Section 4732 to read as follows:

§ 4732. Jurisdiction

The Superior Court of this State shall have original and exclusive jurisdiction over any violation of the provisions of this chapter by persons eighteen years of age or older. The Family Court of this State shall have original and exclusive jurisdiction over violations of the provisions of this chapter by persons younger than eighteen years of age.

Section 2. Amend Section 4912, Title 16, Delaware Code, by striking said section in its entirety and substituting in lieu thereof a new Section 4912 to read as follows:

§ 4912. Jurisdiction

The Superior Court of this State shall have original and exclusive jurisdiction over any violations of the provisions of this chapter by persons eighteen years of age or older. The Family Court of this State shall have original and exclusive jurisdiction over any violations of the provisions of this chapter by any persons younger than eighteen years of age.

Assembly, as amended, by striking, in its entirety, section 4778 of Title 16, as it appears therein and by substituting therefor the following new section 4778:

§ 4778. Jurisdiction

The Superior Court of this State shall have original and exclusive jurisdiction over any violation of the provisions of this chapter by persons eighteen years of age or older. The Family Court of this State shall have original and exclusive jurisdiction over violations of the provisions of this chapter by persons younger than eighteen years of age.

Section 4. House Bill 726 of the 126th General Assembly as amended is hereby repealed in its entirety.

Section 5. Section 4 of this Act shall take effect immediately. Sections 1 and 2 of this Act shall take effect on July 1, 1972, or as soon thereafter as the Governor signs this Act into law. Section 3 hereof shall take effect simultaneously with Senate Bill 226 of the 126th General Assembly as amended as provided in Section 6 thereof. This Act shall not affect any offense occurring prior to the effective date of Sections 1 and 2 hereof.

Approved June 30, 1972.