CHAPTER 364

FORMERLY

SENATE BILL NO. 300

AN ACT TO AMEND TITLES 10 AND 11 OF THE DELAWARE CODE RELATING TO PROBATION BEFORE ADJUDICATION OR JUDGMENT.

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

Section 1. Amend Title 10 of the Delaware Code by inserting a new section to read as follows:

Ҥ1009A. Probation before Adjudication of Delinquency.

After accepting an admission or a plea of nolo contendere to an act of delinquency, the Court may, prior to entering an adjudication of delinquency, under section 1009 of this Title and with the consent of the child and the State, stay the declaration of delinquency, defer further proceedings, and place the child on probation before adjudication subject to the same limitations and upon the same terms and conditions as are applied to adult criminal offenders in Title 11, §4218 of the Delaware Code.”

Section 2. Amend §4218 of Title 11 of the Delaware Code by adding a new subsection designated subsection (i) to read as follows:

“(i) Notwithstanding the provisions of subsection (a) of this section to the contrary, in any case in which the Delaware Department of Justice does not intend to enter its appearance, the consent of the State shall not be required prior to placing a defendant on “probation before judgment.” Notwithstanding the foregoing, except for the offenses under Title 21 to which this section applies, the Attorney General or other prosecuting authority may advise the court of aggravating circumstances in opposition to placing a defendant on ‘probation before judgment.’”

Approved July 6, 2006