CHAPTER 162

FORMERLY

SENATE BILL NO. 210

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 9, TITLE 10 OF THE DELAWARE CODE, RELATING TO APPEALS FROM THE FAMILY COURT OF THE STATE OF DELAWARE.

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

Section 1. Amend §960, Chapter 9, Title 10 of the Delaware Code, by striking

subsections (a), (b), and (e), and substituting in lieu thereof new subsections (a), (b), and (e) to read as follows:

"(a) From any order, ruling, decision, or judgment of the Court in any civil

proceeding, including any delinquency proceeding, there shall be the right of appeal as provided by law to the Supreme Court.

(b) From any order, ruling, decision, or judgment of the Court in any criminal proceeding, there shall be the right of appeal in the first instance as provided by law to the Superior Court in the same county in which the case was adjudicated by the Court, with the further right of appeal as provided by law to the Supreme Court from an affirmance by the Superior Court of the order of the Court which was appealed, or from the entry of a judgment of conviction by the Superior Court upon a trial gg novo on appeal to that Court.

(e) No appeal shall stay the execution of any order of the Court unless such stay shall be specifically ordered by this Court in the first instance or by the appellate court."

Section 2. Amend §961, Chapter 9, Title 10 of the Delaware Code as follows:

"(a) By striking the phrase 'Superior Court' and substituting in lieu thereof the phrase "Supreme Court" wherever it appears in existing §961 (except in subsection (d));

(b) By striking in existing subsection (d) the phrase one of the Judges of the Superior Court', and substituting in lieu thereof the Court';

(c) By striking in existing subsection (d) the phrase and rehearing':

(d) By striking in existing subsection (f) the phrase 'Judge of the Superior Court who presides at the hearing' and substituting in lieu thereof the phrase 'Supreme Court'; and

(a) By striking subsection (c) in its entirety, and redesignating existing
subsections (d), (e) and (f) as subsections (c), (d) and (e), respectively."

Section 3. Amend §962, Chapter 9, Title 10 of the Delaware Code by striking

subsections (a) and (b), and substituting in lieu thereof new subsections (a) and (b) to read as follows:

"(a) An appeal may be taken by the State from the Family Court to an appellate court in the following instances:

(1) Appeal as of right. The State shall have an absolute right to appeal to
an appellate court a final order of the Family Court where the order constitutes a dismissal of a petition or information or any count thereof or the granting of any motion vacating any verdict or judgment of delinquency or conviction where the order of the Family Court is based upon the invalidity or contstruction of the statute upon which the petition or information is founded or where the order is based on lack of jurisdiction of the Family Court over the person or subject matter.

(1) ADDea_l in the_ascretion of the appellate court. The State may apply to

an appellate court to permit an appeal to determine a substantial question of law or procedure, and the appellate court may permit the appeal in its absolute discretion. The appellate court shall have the power to adopt rules governing the allowance of such an appeal; but, in no event shall the decision or result of the appeal affect the rights of the appellee and he shall not be obligated to defend

the appeal, but the appellate court may require the Public Defender of the State to defend the appeal and to argue the cause; provided, however, that if the order appealed from is an order suppressing or excluding substantial and material evidence the appellate court may permit an interlocutory appeal of any pretrial order, and if the order suppressing such evidence is reversed, the appellee may be subjected to a trial.

(b) The State's rights of appeal in a delinquency proceeding provided under

subsection (a) of this section, shall be to the Supreme Court. The State's rights of appeal in a criminal proceeding provided under subsection (a) of this section, shall be to the Superior Court in the first instance, with further rights of appeal to the Supreme Court as are provided under subsection (a) of this section, from an affirmance by the Superior Court of the order of the Family Court which was appealed."

Section 4. This Act shall become effective the day on which it is enacted into law. Appeals perfected prior to the effective date of this Act shall be governed by the provisions of the Delaware Code operative prior to such effective date and those provisions shall remain in effect as to those appeals as if this Act were not in effect.

Approved July 13, 1987.