SENATE BILL NO. 371
AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE TRANSFER OF CRIMINAL PROCEEDINGS IN COURT OF COMMON PLEAS, JUSTICE OF THE PEACE COURTS, AND FAMILY COURT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend Section 1902, Title 10 of the Delaware Code by adding a new section 1902A which shall read as follows:
“1902A Removal of Criminal Actions from Courts Lacking Criminal Jurisdiction.
(I) “State Court” shall mean the Justice of the Peace Courts, Family Court, or Court of Common Pleas.
(II) Court of Competent Jurisdiction shall mean the State Court where criminal jurisdiction lies under either Title 11, Title 4 or any other Delaware statute vesting criminal jurisdiction.
(a) No criminal action, complaint, or other proceeding brought in any court of this state shall be dismissed solely on the ground that such Court is without criminal jurisdiction. Upon certification by the Criminal Clerk to the Sitting Judge of the Court in which the complaint, action, or other proceeding is pending averring that the Court is without criminal jurisdiction, the judge may administratively issue an Order of Transfer and transfer the criminal proceeding to the Court of competent criminal jurisdiction.
(b) Likewise, at any time during the proceedings pending of a criminal action, complaint or other proceeding and the prosecution or defense counsel presents an oral or written motion to the judge indicating that the Court where the proceedings are pending lacks criminal jurisdiction, the judge shall issue an Order of Transfer to the State Court which has criminal jurisdiction. The case shall then be forthwith be transferred by the criminal clerk to the Court of competent criminal jurisdiction.
(c) In both paragraph (a) and (b), the bond and all pre-trial conditions by a State Court imposed upon the defendant shall remain in full force and effect and shall not be discharged pending transfer.
(d) The transfer of a pending criminal action, complaint, other proceeding under this statute shall be made only when the Court lacks criminal jurisdiction.”
Approved July 6, 2006