Delaware General Assembly


CHAPTER 239

FORMERLY SENATE BILL NO. 345

AS AMENDED BY SENATE AMENDMENT NO. 1

AND HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLES 4, 11, 17, 21, AND 23, DELAWARE CODE, BY CONFERRING ORIGINAL JURISDICTION UPON JUSTICES OF THE PEACE TO HEAR, TRY, AND FINALLY DETERMINE ALLEGED VIOLATIONS OF CERTAIN SECTIONS THEREOF AND BY ALTERING THE JURISDICTIONAL LIMITS OF CERTAIN SECTIONS THEREOF AND BY CHANGING THE PENALTIES FOR THE VIOLATION OF CERTAIN SECTIONS THEREOF.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all Members elected to each branch concurring therein):

Section 1. Title 23, § 2130, Delaware Code, is hereby amended by adding at the end thereof the following:

Justices of the Peace shall have original jurisdiction to hear, try and finally determine alleged violations of the provisions of this Chapter.

Section 2. Title 11, § 5904, Delaware Code, is hereby amended by inserting the phrase "or by sentence in jail not exceeding ten (10) days, or both" after the phrase "may punish by fine not exceeding One Hundred Dollars ($100)".

Section 3. Title 11, § 554, Delaware Code, is hereby amended by adding thereto the following paragraph:

Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section when the amount of money allegedly involved, or the value of the property allegedly involved, is less than Two Hundred Fifty Dollars ($250).

Section 4. Title 11, §555 (a), Delaware Code, is hereby amended by striking the amount "$100" and inserting in lieu thereof the amount "$250".

Section 5. Title 11, 0555 (b), Delaware Code, is hereby amended by striking the amount "$100" and inserting in lieu thereof the amount "250".

Section 6. Title 11, 0558 (b), Delaware Code, is hereby amended by striking the amount "$50" wherever it appears therein and inserting in lieu thereof the amount "$250".

Section 7. Title 11, §558 (b), Delaware Code, is hereby amended by striking the amount "$100" wherever it appears therein and inserting in lieu thereof the amount "$500".

Section 8. Title 11, 0558 (b), Delaware Code, is hereby amended by striking the amount "$500" where it appears therein and inserting in lieu thereof the amount "$1,000".

Section 9. Title 11, 0558 (b), Delaware Code, is hereby amended by striking the number "30" where it appears therein and inserting in lieu thereof the number "90".

Section 10. Title 11, 0558 (c), Delaware Code, is hereby amended by striking the amount "$50" wherever it appears therein and inserting in lieu thereof the amount "$250".

Section 11. Title 11, 0558 (c), Delaware Code, is hereby amended by striking the amount "$100" wherever it appears therein and inserting in lieu thereof the amount "$500".

Section 12. Title 11, 0558 (c), Delaware Code, is hereby amended by striking the amount "$500" where it appears therein and inserting in lieu thereof the amount "$1,000".

Section 13. Title 11, 0558 (c), Delaware Code, is hereby amended by striking the number "30" and inserting in lieu thereof the number "90".

Section 14. Title 11, 0558 (d), Delaware Code, is hereby amended by striking the amount ."$50" wherever it appears therein and inserting in lieu thereof the amount "$250".

Section 15. Title 11, 0558 (d), Delaware Code, is hereby amended by striking the amount "$100" wherever it appears therein and inserting in lieu thereof the amount "$500".

Section 16. Title 11, § 558 (d), Delaware Code, is hereby amended by striking the amount "$500" where it appears therein and inserting in lieu thereof the amount "$1,000".

Section 17. Title 11, §558 (d), Delaware Code, is hereby amended by striking the number "30" and inserting in lieu thereof the number "90".

Section 18. Title 11, § 558, Delaware Code, is hereby amended by adding thereto a new subparagraph to read as follows:

(f) Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section where the amount of money involved does not exceed $250.

Section 19. Title 11, §601, Delaware Code, is hereby amended by adding at the end thereof the following:

Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section.

Section 20. Title 11, §602, Delaware Code, is hereby amended by striking the amount "$25" and inserting in lieu thereof the amount "$100".

Section 21. Title 11, § 602, Delaware Code, is hereby amended by adding at the end thereof the following:

Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section.

Section 22. Title 11, § 655, Delaware Code, is hereby amended by adding at the end thereof the following:

Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section.

Section 23. Title 11, §656, Delaware Code, is hereby amended by adding thereto the following paragraph:

Section 24. Title 11, § 333, Delaware Code, is hereby amended by adding thereto the following new paragraph:

(c) Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section if the value of the dog involved does not exceed $100.

Section 25. Title 11, §361, Delaware Code, is hereby amended by adding thereto the following:

Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section.

Section 26. Title 11, § 362, Delaware Code, is hereby amended by adding thereto the following:

Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section.

Section 27. Title 11, § 466, Delaware Code, is hereby amended by striking the phrase "shall be fined not more than $50 or imprisoned not more than 1 month, or both." and inserting in lieu thereof the following:

shall be fined not less than $100 nor more than $300 or imprisoned not more than ninety (90) days, or both. Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section.

Section 28. Title 11, § 467 (a), Delaware Code, is hereby amended by striking the phrase "shall be fined not less than $10 nor more than $100, and the costs of prosecution" and inserting in lieu thereof the following:

shall be fined not less than $100 nor more than $500 and imprisoned for not more than six (6) months or both. Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this subsection.

Section 29. Title 11, § 467, Delaware Code, is hereby amended by adding thereto the following new subsection:

(c) No provision of this Section shall be construed as limiting, in any manner, liability for prosecution under other applicable sections of the Delaware Code.

Section 30. Title 11, § 751, Delaware Code, is hereby amended by adding thereto the following:

Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section.

Section 31. Title 11, § 752, Delaware Code, is hereby amended by adding thereto the following:

Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section.

Section 32. Title II, § 753, Delaware Code, is hereby amended by adding thereto the following:

Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section.

Section 33. Title 11, § 754, Delaware Code, is hereby amended by adding thereto the following:

Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section.

Section 34. Title 11, § 755, Delaware Code, is hereby amended by adding thereto the following:

Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section.

Section 35. Title 11, § 756, Delaware Code, is hereby amended by adding thereto the following:

Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section.

Section 36. Title 11, § 553, Delaware Code, is hereby amended by adding thereto the following:

Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section.

Section 37. Title 11, §841, Delaware Code, is hereby amended by adding thereto the following:

Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section.

Section 38. Title 11, § 842, Delaware Code, is hereby amended by adding thereto the following:

Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section.

Section 39. Title 11, § 873, Delaware Code, is hereby amended by adding thereto the following:

Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section.

Section 40. Title 11, § 437, Delaware Code, is hereby amended by adding thereto the following:

Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section.

Section 41. Title 11, §648 (d), Delaware Code, is hereby amended by adding thereto the following:

Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section.

Section 42. Title 11, § 759, Delaware Code, is hereby amended by adding thereto the following:

Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section.

Section 43. Title 4, § 901, Delaware Code, is hereby amended by adding thereto the following:

Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section.

Section 44. Title 4, § 902, Delaware Code, is hereby amended by adding thereto the following:

Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section.

Section 45. Title 4, § 903, Delaware Code, is hereby amended by adding thereto the following:

Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section.

Section 46. Title 4, § 904, Delaware Code, is hereby amended by adding thereto a new subsection to read as follows:

(h) Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section.

Section 47. Title 4, § 906, Delaware Code, is hereby amended by adding thereto a new subsection to read as follows:

(d) Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section.

Section 48. Title 4, § 907, Delaware Code, is hereby amended by adding thereto the following:

Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section.

Section 49. Title 4, § 908, Delaware Code, is hereby amended by adding thereto the following:

Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section.

Section 50. Title 17, § 330, Delaware Code, is hereby amended by adding thereto the following:

Justices of the Peace shall have original jurisdiction to hear, try, and finally determine alleged violations of this Section.

A person who is found in violation of this Section shall, for the first offense, be punished by a fine of not less than $50 nor more than $200. For each subsequent like offense, he shall be fined not less than $100 nor more than $500, or imprisoned for a term not to exceed six (6) months, or both.

Section 52. Title 21, 52107, Delaware Code, is hereby amended by adding thereto a new subsection to read as follows:

(c) Failure of an owner to sign his registration card shall be punished by a fine of Five Dollars ($5.00).

Section 53. Title 11, 55909, Delaware Code, is hereby amended by inserting the words 'motor boat laws,' after the words `motor vehicle laws', and before the words 'and game and fish laws' where they appear in the first paragraph thereof."

Approved July 9, 1971.