CHAPTER 342

FORMERLY

SENATE BILL NO. 328

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO JURISDICTION OF CRIMINAL CASES IN THE JUSTICE OF THE PEACE COURT OF THE STATE OF DELAWARE.

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

Section 1. Amend §5909, Title 11 of the Delaware Code by adding the following as a new subsection (a):

"(a) Upon the arrest of any person according to the provisions of this chapter, the person arrested shall be brought before a Justice of the Peace Court in the county in which the offense was alleged to have occurred unless a Justice of the Peace court in another county is closer to the place where the offense was alleged to have occurred, in which case the prosecution may be before said Court."

Section 2. Amend §5909 Title 11 of the Delaware Code by placing the existing section 5909 into a new subsection (b) and replacing the first sentence of existing section 5909 with the following:

"(b) The Justice of the Peace Court before which the person is brought shall try the case so far as to determine whether the defendant ought to be discharged, or bound for the defendant's appearance at court or held to answer finally before the Justice of the Peace Court."

Approved June 29, 1998