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Bill > HB122


DE HB122

An Act To Amend Title 10 Of The Delaware Code Relating To Family Court's Criminal Jurisdiction.


summary

Introduced
04/17/2025
In Committee
04/17/2025
Crossed Over
Passed
Dead

Introduced Session

153rd General Assembly

Bill Summary

This Act clarifies and refines the criminal jurisdiction of Family Court. First, this Act alters the definition of family by removing the requirement that both parties be residents of this state. Second, this Act provides concurrent criminal jurisdiction in Family Court and the Court of Common Pleas for certain criminal offenses where the parentage of a child in common is in dispute. Finally, this Act provides Family Court and the Court of Common Pleas with concurrent criminal jurisdiction over non-felony, adult criminal cases that include charges that fall within both Family Courts and Court of Common Pleas jurisdiction.

AI Summary

This bill amends Delaware's Family Court jurisdiction by making several key changes. First, it removes the previous requirement that both parties in a family-related case must be residents of Delaware, broadening the definition of "family" to include various blood and marriage-related relationships without geographic restrictions. Second, the bill establishes concurrent criminal jurisdiction between the Family Court and the Court of Common Pleas in two specific scenarios: when criminal offenses involve persons living apart with a child in common and the child's parentage is disputed, and when non-felony adult criminal cases include charges that could fall under both courts' jurisdictions. These changes effectively expand the Family Court's ability to handle certain criminal cases that previously might have been limited by residency requirements or jurisdictional boundaries, potentially making the legal process more accessible and flexible for families involved in legal disputes. The modifications aim to provide clearer guidelines for handling family-related criminal matters and ensure that appropriate courts can address these sensitive cases more efficiently.

Committee Categories

Justice

Sponsors (4)

Last Action

Reported Out of Committee (Judiciary) in House with 4 Favorable, 4 On Its Merits (on 05/07/2025)

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