CHAPTER 263

FORMERLY

HOUSE BILL NO. 307

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO CERTAIN CRIMES COMMITTED BY JUVENILES.

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

Section 1. Amend Section 1010(c) of Title 10 of the Delaware Code by redesignating the text thereof as paragraph (1) of subsection(c), and by redesignating paragraphs (1), 92), (3), (4), (5) and (6) of said subsection as subparagraphs "a", "b", "c", "d", "e" and "f", and by adding a new paragraph to subsection (c), to read:

"(2) Notwithstanding any provision of this section or Title to the contrary, any child who has previously been declared to be non-amenable to the rehabilitative processes of the Court pursuant to this section, or who has previously been the subject of a denied application for transfer pursuant to Section 1011 of this Title, and who thereafter is charged with being delinquent shall be referred to the Superior Court or to any other court having jurisdiction over the offense for trial as an adult."

Section 2. Amend Section 1011 of Title 10 of the Delaware Code by adding thereto a new subsection to be designated (d), to read as follows:

"(d) Notwithstanding any provision of this section or Title to the contrary, the Superior Court shall retain jurisdiction over any case involving a child where the child has previously been declared to be non-amenable to the rehabilitative processes of the Family Court pursuant to Section 1010 of this Title, or where the child has previously been the subject of a denied application for transfer pursuant to this section, or where the child has previously been convicted as an adult of any felony as set forth in Titles 11 or 16 of the Delaware Code."

Section 3. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared to be severable.

Section 4. Any action, case, prosecution, trial or other legal proceeding in progress at the time of the enactment into law of the provisions of this Act, no matter the stage of the proceeding, shall be preserved and shall not become illegal or terminated upon the effective date of this Act. The prior law shall remain in full force and effect as to all such proceedings in progress at the time of enactment of this Act.

Approved July 19, 1995