Bill Sponsor
Delaware House Bill 129
Session 153
An Act To Amend Title 10 Of The Delaware Code Relating To Appeals Of Court Decisions On Motions To Transfer.
Became Law
Became Law
Signed by Governor on Aug 20, 2025
Origin Chamber
House
Type
Bill
Bill Number
129
State
Delaware
Session
153
Sponsorship by Party
Democrat
Primary
Democrat
Primary
Democrat
Primary
Democrat
Primary
Democrat
Primary
Democrat
Primary
Democrat
Primary
Democrat
Primary
Summary
Currently, if a child’s criminal case is transferred by the Family Court to Superior Court, or if a child files an application in Superior Court to have their criminal case transferred to Family Court and the Superior Court denies the application, there is no recourse for appeal until the child’s criminal case is finally adjudicated in Superior Court. In State v. Roberts, Del.Supr. 282 A.2nd 603 (1971) the Delaware Supreme Court stated its jurisdiction over such appeals by an accused, may only be by operation of law. This Act permits the child to enter a plea of guilty or nolo contendere and appeal an amenability denial to the Delaware Supreme Court within 30 days of being sentenced by the Superior Court. This Act also prohibits any plea being conditioned on waiving this right of appeal. This Act also clarifies that the Superior Court will not retain jurisdiction over the child if the Supreme Court reverses the Superior Court’s Order. This Act also makes technical corrections to conform with H.B. 115 of the 151st General Assembly, which was enacted into law on November 8, 2021 and prohibited transfers to Superior Court for children under the age of 16 in all but the most serious offenses.
Actions (7)
08/20/2025
Office of the Governor
Signed by Governor
06/24/2025
Senate
Passed By Senate. Votes: 21 YES
06/11/2025
Senate
Reported Out of Committee (Judiciary) in Senate with 5 On Its Merits
05/15/2025
Senate
Assigned to Judiciary Committee in Senate
05/15/2025
House
Passed By House. Votes: 33 YES 8 ABSENT
05/14/2025
House
Reported Out of Committee (Judiciary) in House with 9 On Its Merits
05/01/2025
House
Introduced and Assigned to Judiciary Committee in House
Sources
Record Created
May 1, 2025 4:09:50 PM
Record Updated
Sep 19, 2025 6:26:56 PM