CHAPTER 130

FORMERLY

SENATE BILL NO. 179

AN ACT TO AMEND TITLES 10 AND 11 OF THE DELAWARE CODE RELATING TO SUBPOENAS AND WARRANTS IN CRIMINAL AND DELINQUENCY CASES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend §5304 of Title 11 of the Delaware Code by redesignating the existing text thereof as subsection (a), and by adding thereto a new subsection to be designated as subsection (b), to read as follows:

"(b) The Court, in the exercise of its criminal jurisdiction, may issue subpoenas and other warrants into any county in the State, for summoning or bringing any person to give evidence in any matter triable before it and may enforce obedience by fine or imprisonment. Such subpoenas and warrants shall be in such form as may be prescribed by the Rules of the Court."

Section 2. Amend §5912 of Title 11 of the Delaware Code by striking said section and the catchline thereof in their entirety, and by substituting in lieu thereof the following:

"§5912. Subpoenas and warrants in criminal cases; enforcement.

Any Justice of the Peace, in the exercise of his or her criminal jurisdiction, may issue subpoenas and other warrants into any county in the State, for summoning or bringing any person to give evidence in any matter triable before the justice and may enforce obedience by fine or imprisonment. Such subpoenas and warrants shall be in such form as may be prescribed by the Rules of the Court."

Section 3. Amend Chapter 9, Subchapter III, Part F of Title 10 of the Delaware Code by adding a new section thereto to be designated as section "1066", to read as follows:

"§1066. Subpoenas and warrants in criminal cases and juvenile delinquency proceedings; enforcement.

The Court, in the exercise of its criminal jurisdiction or in any delinquency proceeding against a child, may issue subpoenas and other warrants into any county in the State, for summoning or bringing any person to give evidence in any matter triable before it and may enforce obedience by fine or imprisonment. Such subpoenas and warrants shall be in such form as may be prescribed by the Rules of the Court."

Approved July 09, 2001