CHAPTER 301

FORMERLY

HOUSE BILL NO. 380

AN ACT TO AMEND TITLE 14 AND TITLE 11 OF THE DELAWARE CODE RELATING TO TRUANCY.

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

Section 1. Amend §2730, Title 14, Delaware Code by deleting subsection (a) thereof and replacing it with the following:

"(a) The school may file a civil charge of truancy against the student in the Justice of the Peace Court if:

(1) The student is age 12 or older; and/or

(2) The Court determines that a parent who is charged with violating §2702 of this title has a valid affirmative defense under §2729(b) of this title."

Section 2. Amend §2729, Title 14, Delaware Code by adding a new subsection (i) thereof to read as follows:

"(i) The provisions of §4218 of Title 11 (probation before judgment) shall apply to a parent charged with violation of Section 2702 of this Title.”

Section 3. Amend §4218(a), Title 11, Delaware Code by inserting the following between the phrases "subject to voluntary assessment by §709 of Title 21, of the Delaware Code," and "a court exercising criminal jurisdiction after a guilty plea";

"or a violation of §2702 of Title 14, of the Delaware Code."

Section 4. Amend §4218(c)(1), Title 11, Delaware Code by adding a new subsection (g) thereof to read as follows:

"g. The person is currently charged with a violation of §2702 of Title 14 and has been previously convicted of a violation of §2702 within five years of the date of the alleged offense."

Approved June 20, 2002