CHAPTER 423

FORMERLY

HOUSE BILL NO. 533

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLES 2, 3, 7, 10, 11, 16, 17, 24 AND 31 OF THE DELAWARE CODE, TO PROVIDE THAT APPEALS FROM THE JUSTICE OF THE PEACE COURTS SHALL BE VESTED IN THE COURT OF COMMON PLEAS.

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

Section 1. Amend Subsection (b), Section 508, Title 2 of the Delaware Code by striking the phrase "Superior Court" as it appears after the words with the right of appeal to the" and inserting the words "Court of Common Pleas" in lieu thereof.

Section 2. Amend Section 1106, Title 3,of the Delaware Code by striking the phrase "Superior Court" as it appears in the fourth sentence of that section and inserting the phrase "Court of Common Pleas" in lieu thereof.

Section 3. Amend Section 3150, Title 3 of the Delaware Code by striking the phrase "Superior Court" as it appears in that section and inserting the phrase "Court of Common Pleas" in lieu thereof.

Section 4. Amend Subsection (c), Section 7338, Title 3 of the Delaware

Code by striking the phrase "Superior Court" as it appears in that subsection and inserting the phrase "Court of Common Pleas" in lieu thereof.

Section 5. Amend Subsection (b), Section 1309, Title 7 of the Delaware

Code by striking the phrase "Superior Court" as it appears in the first sentence of the subsection and inserting the phrase "Court of Common Pleas" in lieu thereof; and by striking the phrase "Superior Court" as it appears in the last sentence of the subsection and inserting the phrase "Court of Common Pleas" in lieu thereof.

Section 6. Amend Subsection (d), Section 9551, Title 10 of the Delaware Code by striking the phrase "Superior Court" as it appears in that subsection and inserting the phrase "Court of Common Pleas" in lieu thereof.

Section 7. Amend Subsections (a) and (b), Section 9570, Title 10 of the Delaware Code by striking the phrase "Superior Court" as it appears in the subsections and inserting the phrase "Court of Common Pleas" in lieu thereof in each instance.

Section 8. Amend Subsections (a) and (d), Section 9571, Title 10 of the Delaware Code by striking the phrase "Superior Court" as it appears in the subsections and inserting the phrase "Court of Common Pleas" in lieu thereof in each instance.

Section 9. Amend Subsection (a), Section 9572, Title 10 of the Delaware Code by striking the phrase "Superior Court" as it appears in the first sentence of the subsection and inserting the phrase "Court of Common Pleas" in lieu thereof; and by striking the word "Prothonotary" as it appear in the first sentence of the subsection and inserting the phrase "Clerk of Court" in lieu thereof; by striking the phrase "Superior Court" as it appears in the second sentence of the subsection and inserting the phrase "Court of Common Pleas" in lieu thereof.

Section 10. Amend Subsection (c), Section 9572, Title 10 of the Delaware Code by striking the word "Prothonotary" as it appears in the first sentence of the subsection and inserting the phrase "Clerk of Court" in lieu thereof; and by striking the phrase "Superior Court" as it appears in the second sentence of the subsection and inserting the phrase "Court of Common Pleas" in lieu thereof.

Section 11. Amend Subsection (a), Section 9574, Title 10 of the Delaware Code by striking the phrase "Superior Court" as it appears in the subsection and inserting the phrase "Court of Common Pleas" in lieu thereof.

Section 12. Amend Section 9614, Title 10 of the Delaware Code by striking the phrase "Superior Court" as it appears in the section and inserting the phrase "Court of Common Pleas" in lieu thereof.

Section 13. Amend subsections (a) and (c), Section 9615, Title 10 of the Delaware Code by striking the phrase "Superior Court" as it appears in subsections (a) and (c) and inserting the phrase "Court of Common Pleas" in lieu thereof in each instance.

Section 14. Amend Section 9640, Title 10 of the Delaware Code by striking the phrase "Superior Court" as it appears in the first sentence of the section and inserting the phrase "Court of Common Pleas" in lieu thereof.

Section 15. Amend subsection (a), Section 4503, Title 11 of the Delaware Code by striking the phrase "Superior Court" as it appears in the first sentence of the subsection and inserting the phrase "Court of Common Pleas" in lieu thereof.

Section 16. Amend Section 5719, Title 11 of the Delaware Code by striking the phrase "Superior Court" as it appears in the first sentence of the second paragraph of the section and inserting the phrase "Court of Common Pleas" in lieu thereof.

Section 17. Amend subsection (b), Section 5917, Title 11 of the Delaware Code by striking the phrase "Superior Court" as it appears in the first sentence of the subsection and inserting the phrase "Court of Common Pleas" in lieu thereof.

Section 18. Amend Section 109, Title 16 of the Delaware Code by striking the phrase "Superior Court" as it appears in the section and inserting the phrase "Court of Common Pleas" in lieu thereof.

Section 19. Amend subsection (c), Section 2113, Title 16 of the Delaware Code by deleting the existing text of subsection (c) in its entirety and inserting in lieu thereof the following new text:

"Any person convicted of an offense under this section, before a Justice of the Peace, may appeal the judgment of conviction to the Court of Common Pleas of the county."

Section 20. Amend subsection (d), Section 511, Title 17 of the Delaware Code by deleting the existing text of subsection (d) in its entirety and inserting in lieu thereof the following new text:

"In actions before Justices of the Peace, the procedure shall be the same as Is provided for actions of trespass before Justices of the Peace, with the right of appeal to the Court of Common Pleas, and, in actions before the Court of Common Pleas, the right of appeal to the Superior Court shall be preserved."

Section 21. Amend subsection (c), Section 520, Title 17 of the Delaware Code by deleting the existing text of subsection (c) In its entirety and inserting in lieu thereof the following new text:

"In actions before Justices of the Peace, the procedure shall be the same as is provided for actions of trespass before Justices of the Peace, with the right of appeal to the Court of Common Pleas, and, in actions before the Court of Common Pleas, the right of appeal to the Superior Court shall be preserved."

Section 22. Amend subsection (e), Section 701, Title 17 of the Delaware Code by striking the phrase "Superior Court" as it appears in the second sentence of the subsection and inserting the phrase "Court of Common Pleas" in lieu thereof.

Section 23. Amend Section 2586, Title 24 of the Delaware Code by deleting the existing second paragraph of the section in its entirety and inserting in lieu thereof the following:

"Any person convicted of any such offense before a Justice of the Peace may appeal to the Court of Common Pleas in the county in which the conviction was had upon giving bond in the sum of $200 to the

State with surety satisfactory to such Justice, provided the appeal is taken and bond given within 3 days from the time of the conviction."

Section 24. Amend paragraph (c)(2), Section 2618, Title 24 of the Delaware Code by deleting the existing text of paragraph (c)(2) In its entirety and inserting in lieu thereof the following new text:

"Any person convicted of any such offense before a Justice of the Peace may appeal to the Court of Common Pleas in the county in which the conviction was had upon giving bond in the sum of $200 to the State with surety satisfactory to such Justice, provided the appeal is taken and bond given within 7 days from the time of the conviction."

Section 25. Amend subsection (c), Section 2112, Title 31 of the Delaware Code by striking the phrase "Superior Court" as it appears in the first sentence of the subsection and inserting the phrase "Court of Common Pleas" in lieu thereof.

Section 26. These amendments shall be effective January 15, 1995, and

apply to all appeals filed thereon or thereafter. Appeals pending as of that date shall remain within the jurisdiction of the Superior Court.

Approved July 14, 1994.