CHAPTER 708

SENATE BILL NO. 737

AS AMENDED BY SENATE AMENDMENT NOS. 1 & 2

AN ACT TRANSFERRING JUVENILE MOTOR VEHICLE VIOLATIONS FROM THE EXCLUSIVE JURISDICTION OF THE FAMILY COURT TO THE JUSTICE OF THE PEACE COURTS, WITH CERTAIN EXCEPTIONS, BY AMENDING TITLE 10 AND TITLE 21 OF THE DELAWARE CODE.

Be rt entitled by the General Assembly of the .State of Delaware (Iwo-thirds of all members elected to each House thereof concurring Melvin):

Section 1. Amend subsection (2) a, §921, Title 10 of the Delaware Code by striking subsection (2) a in its entirety and substituting in lieu thereof the following:

"(2) a. Any child charged in this State with delinquency by having committed any act or violation of any laws of this State or any subdivision thereof except: murder in the first degree, rape, kidnapping; any child 16 years of age or older charged with violating the provisions of Title 21 of the Delaware Code, except as provided in §927 of this Title, or any other crime over which the General Assembly has granted or may grant jurisdiction to another court."

Section 2. Amend subsection (10), §921, Title 10 of the Delaware Code by striking subsection (10) in its entirety and substituting in lieu thereof the following:

"(10) Any child in the State under the age of 16 years charged with delinquency by having committed a violation of any provision of Title 21 of the Delaware Code; and any child in the State 16 years of age or older charged with having violated any of the provisions specified in §927, Title 10 of the Delaware Code;

a. The court having jurisdiction of violations of Title 21, Delaware Code, not covered above shall not proceed, except to continue the case, without the presence of a custodian, near relative, attorney, or other interested person.

b. Any judge of a court of proper jurisdiction, if he determines the existence of circumstances beyond the violation of Title 21 of the Delaware Code which indicates to him that the child 16 or 17 years old may be dependent, neglected, or delinquent, shall, in addition to hearing the violation of Title 21, cause a complaint to be filed charging dependency, neglect, or delinquency.

. Any sentence imposed against any child 16 or 17 years old by a court having jurisdiction of the offenses in Title 21 of the Delaware Code, except those offenses within the jurisdiction of the Family Court, shall be limited to a fine and costs. No court shall detain a child 16 years of age or older in a jail or adult correctional institution or jail pending trial on any violation of Title 21, Delaware Code. Any child pending trial shall, in the default of bail, be detained only in a juvenile correctional facility.

a. Any child 16 or 17 years old who fails or refuses to pay a fine imposed by a court having jurisdiction of the offenses in Title 21, Delaware Code, except those offenses within the jurisdiction of the Family Court, and after exhaustion of all other legal remedies for collection provided by the State, shall be charged with delinquency and referred to the Family Court."

Section 3. Amend Chapter 9, Title 10 of the Delaware Code by adding §927 thereto, which shall read as follows:

"§927. Exclusive Jurisdiction over Motor Vehicle Violations.

charged with violating any of the following motor vehicle provisions of Title 21:

(1) altering or forging certificate of title, manufacturer's certificate of origin, registration card, vehicle warranty, or certification sticker, or vehicle identification plate under §2316, Title 21 of the Delaware Code;

(2) driving while license is suspended or revoked under §2756, Title 21 of the Delaware Code;

(3) penalties under §2971 (a), Title 21 of the Delaware Code;

(4) obedience to police officers under §4103, Title 21 of the Delaware Code;

(5) reckless driving under §4175, Title 21 of the Delaware Code;

(6) operation of vehicle while under the influence of intoxicating liquor or drug under §4177, Title 21 of the Delaware Code;

(7) duty of driver involved in accident resulting in injury or death to any person under §4202, Title 21 of the Delaware Code;

(8) duty to report accidents under §4203, Title 21 of the Delaware Code;

(9) introduction, sale, distribution or advertisement for sale to public of motor vehicle master keys under §4601, Title 21 of the Delaware Code;

(0) reporting of keys under §4603, Title 21 of the Delaware Code;

(1) possession of motor vehicle master keys, manipulative keys, key-cutting devices, lock picks or lock-picking devices, and hot wires under §4604, Title 21 of the Delaware Code;

(12) driving a tractor under the influence of liquor or drugs under §6520, Title 21 of the Delaware Code;

(13) injuring vehicle or obstructing its operation under §6701, Title 21 of the Delaware Code;

(14) driving vehicle without consent of owner under §6702, Title 21 of the Delaware Code;

(15) tampering with vehicle under §6703, Title 21 of the Delaware Code;

(16) receiving or transferring stolen vehicle under §6704, Title 21 of the Delaware Code;

(17) removed, falsified or unauthorized identification number on vehicle or engine; removed or affixed license/registration plate with intent to misrepresent identity under §6705, Title 21 of the Delaware Code;

(18) possession of blank title; blank registration card; vehicle identification plate; warranty sticker and registration card under §6708, Title 21 of the Delaware Code;

(19) removal of warranty or certification stickers; vehicle identification plates; confidential vehicle identification numbers under §6709, Title 21 of the Delaware Code;

(20) unlawful possession of assigned titles, assigned registration cards, vehicle identification plates and warranty stickers under §6710, Title 21 of the Delaware Code.

Where appropriate, the Court has the power to impose the penalties provided for under §6707, Title 21 of the Delaware Code."

Section 4. Amend subsection (a), §704, Title 21 of the Delaware Code by striking subsection (a) in its entirety and substituting in lieu thereof the following:

"(a) Justices of the Peace and the Municipal Court for the City of Wilmington shall have jurisdiction over a child 16 or 17 years of age or older charged with having violated the provisions of Title 21, Delaware Code, except as provided in §927, Title 10 of the Delaware Code."

Section 5. Amend §704, Title 21 of the Delaware Code by adding subsection (f) thereto, which shall read as follows:

"(f) The jurisdiction of the Family Court in matters involving the violation of the provisions of Title 21 of the Delaware Code by children 16 years of age or over is hereby terminated, with the exception of those offenses over which the Family Court has expressly retained jurisdiction under §927, Title 10 of the Delaware Code, and except for such actions for the violation of the Delaware Code, and except for such actions for the violation of the provisions of this Title which were commenced prior to the effective date hereof."

Approved August 5, 1976