CHAPTER 322

FORMERLY

SENATE BILL NO. 232

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE CONCERNING THE JURISDICTION OF THE JUSTICE OF THE PEACE COURT.

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 § 2113, Title 11, Delaware Code by redesignating existing subsections (d) and (e) as subsections (e) and (f), and by inserting a new subsection (d) to read as follows:

“(d) The Justice of the Peace Court shall have jurisdiction over violations of this section if punishable as misdemeanors and if the jurisdiction over the underlying offense remains with the Justice of the Peace Court.”

Section 2. Amend §2702(b), Title 11, Delaware Code by redesignating paragraph (1) through (64) as (2) through (65) to read as follows:

“(1) Section 601(a)(2) of this Title (offensive touching with bodily fluid).”

Section 3. Amend §2702(b), Title 11, Delaware Code by redesignating the newly redesignated paragraphs 35-65 as 36-66, and by adding a new paragraph (35) to read as follows:

“(35) Section 1102 of this Title (Endangering the welfare of a child).”

Section 4. Amend § 4334, Title 11, Delaware Code by adding a new subsection (f) to read as follows:

“(f) The Justice of the Peace Court shall have jurisdiction over violations of probation where such probation or suspension of sentence was pursuant to an order of the Justice of the Peace Court.”

Section 5. Amend § 5917(a), Title 11, Delaware Code by changing the period at the end of the first sentence to a comma and adding thereafter the phrase “including those classified in such ordinance, code or regulation as misdemeanors.”

Section 6. Amend § 8522(b), Title 11, Delaware Code by adding the following new sentence at the end of subsection (b):

“The Justice of the Peace Court shall have jurisdiction over violations of this section.”

Approved July 6, 2004