CHAPTER 246

FORMERLY

HOUSE BILL NO. 515

AN ACT TO AMEND THE DELAWARE CODE RELATING TO VEHICULAR HOMICIDE AND PERSONS AGED 16 YEARS OR OLDER.

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

Section 1. Amend §630 and 630A of Title 11, Delaware Code, by adding to each of such sections a new subsection (c) as follows:

"(c) Every person charged under this section after having reached his or her 16th birthday, shall be treated for purposes of trial or other disposition of the charge, including but not limited to sentencing, as an adult, notwithstanding any contrary provisions of statutes governing the Family Court, or any other State law, except that the mandatory minimum sentencing provisions of subsections 630(b) and 630A(b) shall not apply to juveniles. Any such case involving a juvenile shall be subject to the transfer provisions of 10 Del. C. 939. Any period of incarceration imposed upon a juvenile by operation of this section shall be served in a juvenile correctional facility until the person attains his or her 18th birthday, at which time he or she shall be transferred to the appropriate adult correctional institution or jail to serve any remaining portion of his or her sentence.

Approved June 27, 1990.