CHAPTER 207

SENATE BILL NO. 161

AS AMENDED BY

SENATE AMENDMENT NO. 3

AND

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 53, PART III, TITLE 11 OF THE DELAWARE CODE

RELATING TO ELECTION BY ACCUSED TO HAVE CERTAIN CASES TRIED IN THE COURT OF COMMON PLEAS WHEN PROCEEDINGS ARE ORIGINALLY BROUGHT BEFORE JUSTICES OF THE PEACE, OR ANY ALDERMAN OR MAYOR OF ANY INCORPORATED CITY OR TOWN.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend §5303, Chapter 53, Part III, Title 11 of the Delaware Code by striking said section in its entirety and substituting in lieu thereof a new §5303 to read as follows:

"§5303. Election by accused to have case tried by court when proceeding brought before Justice of the Peace

The accused, in all criminal cases in which there is a possibility that a period of incarceration may be imposed where a Justice of the Peace, or Alderman or Mayor of any incorporated city or town, except the City of Newark, in the county where the charge is brought has jurisdiction and power to hear and finally determine the matter, may elect at any time prior to day of trial to have the case tried by the Court."

Section 2. This Act shall apply to crimes committed after the effective date hereof.

Approved January 31, 1978.