CHAPTER 206

FORMERLY

SENATE BILL NO. 159

AS AMENDED BY

SENATE AMENDMENT NOS. 1 AND 3

AN ACT TO AMEND CHAPTER 45, PART II, TITLE 11 OF THE DELAWARE CODE RELATING TO APPEALS FROM CONVICTIONS BEFORE ANY ALDERMAN OR MAYOR; AND PROVIDING FOR AN ACCUSED'S RIGHT TO ELECTION TO BE TRIED IN THE COURT OF COMMON PLEAS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §4503, Chapter 45, Part II, Title 11 of the Delaware Code by striking said section in its entirety, and substituting in lieu thereof the following:

§4503. Convictions before Alderman or Mayor; Advising Accused of Right to Trial by Court of Common Pleas

(a) Excepting those cases in which the sentence for the conviction of a crime was imprisonment not exceeding one month, or a fine not exceeding one hundred dollars ($100.00), any person convicted before any Alderman or Mayor of any incorporated city or town in this State for the violation of any city or town ordinance may appeal from such conviction to the Superior Court of the county in which he has been so convicted, upon giving bond to the State with surety satisfactory to the Alderman or Mayor before whom such person was convicted, binding the person taking the appeal to appear before the Court. Notice of such an appeal shall be given to such Alderman or Mayor within 15 days from the time of conviction, counting the date of conviction as 1, and the bond with surety shall be filed within 15 days. Such appeal shall be prosecuted and the proceedings therein shall be had as in an appeal from a conviction before a Justice of the Peace in the case of a violation of the laws relating to the operation of motor vehicles.

Approved January 31, 1978