CHAPTER 588

FORMERLY

HOUSE BILL NO. 1115

AN ACT TO AMEND CHAPTER 570, VOLUME 59, LAWS OF DELAWARE, RELATING TO THE PROCEDURE FOR THE INVOLUNTARY COMMITMENT OF MENTALLY ILL PERSONS TO THE DELAWARE STATE HOSPITAL AND OTHER HOSPITALS AND DISCHARGE THEREFROM.

WHEREAS, on July 29, 1974, House Bill No. 859 (Chapter 570, Volume 59, Laws of Delaware) was enacted into law, and took effect immediately upon signature by the Governor; and

WHEREAS, House Bill No. 859 had the effect of changing the procedure for involuntary hospital commitment of the mentally ill; and

WHEREAS, the enactment of House Bill No. 859 created procedural and practical problems which make the Statute difficult to implement on an immediate basis; and

WHEREAS, the General Assembly has concluded that the effective date of House Bill No. 859 should be postponed to enable such procedural problems to be resolved.

NOW, THEREFORE:

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

Section 1. Amend Chapter 570, Volume 59, Laws of Delaware, by striking Section 2 of said Chapter, and substituting in lieu thereof the following:

"Section 2. (a) This Act shall not take effect until April 15, 1975. Sections 5124 and 5125 of Chapter 51, Title 16 of the Delaware Code, as such Sections existed immediately prior to July 29, 1974, shall remain effective and in force until April 15, 1975; provided, however, that this Act shall govern and be applicable to any rights which have accrued, and any actions which were commenced, between July 29, 1974, and the date this Amendment is signed into law.

(b) In the event that Sections 5124 or 5125 of Chapter 51, Title 16 of the Delaware Code, or any portion thereof, as such Sections existed immediately prior to July 29, 1974, are declared invalid by any court of competent jurisdiction, then this Act shall become effective immediately upon the date that said Sections or any portion thereof are declared invalid.

(c) The Superior Court shall adopt such Rules of Procedure as may be required to implement the procedural requirements of this Act beginning April 15, 1975.

(d) If any provision of this Act, or of any rule, regulation or Order promulgated thereunder, or the application of an such provision, regulation or Order to any person or circumstances shall be held invalid, the remainder of this Act or any regulation or Order promulgated pursuant thereto or the application of such provision, regulation or order to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.

Section 3. Upon the effective date of Chapter 570, Volume 59, Laws of Delaware, after this Act becomes law, §5124, Chapter 51, Title 16 of the Delaware Code shall be repealed."

Approved August 30, 1974.