CHAPTER 413

FORMERLY

SENATE BILL NO. 486

AS AMENDED BY SENATE AMENDMENT NO, 1

AN ACT TO AMEND TITLE 10, CHAPTER 9, SUBCHAPTER III, §932 and §940 OF THE DELAWARE CODE RELATING TO PROCEDURES IN THE FAMILY COURT OF THE STATE OF DELAWARE AND APPEARANCES THEREIN BY THE DEPARTMENT OF JUSTICE.

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

Section I. Amend §932, Title 10, Delaware Code by deleting the Section In its entirety

and by substituting in lieu thereof the following new Section 932 to read as follows:

"4932. Commencement.

Any person having knowledge of a child within the State who appears to be neglected, dependent, or delinquent may file with the Clerk of the Court a petition in writing setting forth the facts verified by affidavit. Neither the Attorney General nor any Deputy Attorneys are required to appear In any proceeding before a Master involving a petition alleging an act of delinquency, but at the Attorney General's sole discretion, may appear In any such proceeding."

Section 2. Amend §940(a). Title 10, Delaware Code by deleting said subsection In Its

entirety and by substituting In lieu thereof the following new subsection 940(a) to read as follows:

"(a) Prosecution of a person subject to the jurisdiction of the Court who has reached

their eighteenth birthday prior to the time of commission of the offense shall be without trial by jury and may be prosecuted either by an Information or a complaint. Neither the Attorney General nor any of his Deputy Attorneys General are required to appear to prosecute any such criminal case before a Master."

Approved July 15, 1988