CHAPTER 377

FORMERLY

SENATE SUBSTITUTE NO. 1

FOR

SENATE BILL NO. 223

AS AMENDED BY

SENATE AMENDMENT NO. 2

AN ACT TO AMEND CHAPTER 9, TITLE 10, AND CHAPTER 5, TITLE 31 OF THE DELAWARE CODE TO ALLOW THE FAMILY COURT TO COMMIT AN 18 YEAR OLD PERSON TO THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS EVEN THOUGH CHARGED WITH THE OFFENSE WHILE A JUVENILE.

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 §937 (b), Chapter 9, Title 10 of the Delaware Code by adding a new subparagraph (17) to read as follows:

"(17). Grant custody of a person to the Department of Correction who is charged with an act of delinquency prior to reaching the age of 18 years but becomes 18 years of age prior to disposition of the charge."

Section 2. Amend §5108 (b), Chapter 5, Title 31 of the Delaware Code by adding at the end thereof the following:

"; provided further that any child who is charged with an act of delinquency prior to reaching 18 years but becomes 18 years of age prior to disposition on the charge may be committed to the custody of the Department until his 19th birthday."

Approved June 29, 1978.