AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO APPEALS OF COURT DECISIONS ON MOTIONS TO TRANSFER.
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HB 129 — AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO APPEALS OF COURT DECISIONS ON MOTIONS TO TRANSFER.
Last action — Signed by Governor
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced May 01, 2025. Enacted.
Signed by Governor Matt Meyer (Democratic) on August 20, 2025.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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9 sponsors
9 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (9 D).
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
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.
Bill Text
- Bill Text View text Current pdf
Action History
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Signed by Governor
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Passed By Senate. Votes: 21 YES
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Reported Out of Committee (Judiciary) in Senate with 5 On Its Merits
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Assigned to Judiciary Committee in Senate
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Passed By House. Votes: 33 YES 8 ABSENT
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Reported Out of Committee (Judiciary) in House with 9 On Its Merits
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Introduced and Assigned to Judiciary Committee in House
Sponsors
- Claire Snyder-Hall · Primary
- Spiros Mantzavinos · Primary
- Kerri Evelyn Harris · Primary
- Nicole Poore · Primary
- Mara Gorman · Primary
- Marie Pinkney · Primary
- William Bush · Primary
- Sean M. Lynn · Primary
- Cyndie Romer · Primary
Sponsorship breakdown
Export CSV (upgrade) →9 sponsors · 0 co-sponsors · 53 not signed on
Sponsors (9)
- Claire Snyder-Hall Democratic
- Spiros Mantzavinos Democratic
- Kerri Evelyn Harris Democratic
- Nicole Poore Democratic
- Mara Gorman Democratic
- Marie Pinkney Democratic
- William Bush Democratic
- Sean M. Lynn Democratic
- Cyndie Romer Democratic
Co-sponsors (0)
None.
Not signed on (53)
53 members have not signed on to this bill.
Show all 53 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 15 | 0 | 0 | 0 |
| Republican | 6 | 0 | 0 | 0 |
| Total | 21 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Bryan Townsend | Democratic | Yea |
| Daniel Cruce | Democratic | Yea |
| Darius J. Brown | Democratic | Yea |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Kyra L. Hoffner | Democratic | Yea |
| Laura V. Sturgeon | Democratic | Yea |
| Marie Pinkney | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| Ray Seigfried | Democratic | Yea |
| Russell Huxtable | Democratic | Yea |
| S. Elizabeth Lockman | Democratic | Yea |
| Spiros Mantzavinos | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Trey Paradee | Democratic | Yea |
| Brian Pettyjohn | Republican | Yea |
| Bryant L. Richardson | Republican | Yea |
| Dave G. Lawson | Republican | Yea |
| David L. Wilson | Republican | Yea |
| Eric Buckson | Republican | Yea |
| Gerald W. Hocker | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 23 | 0 | 0 | 3 |
| Republican | 10 | 0 | 0 | 4 |
| Unaffiliated | 0 | 0 | 0 | 1 |
| Total | 33 | 0 | 0 | 8 |
| % of votes cast | 80% | 0% | 0% | 20% |
How each member voted (41)
| Member | Party | Vote |
|---|---|---|
| Stell Parker Selby | — | Not Voting |
| Claire Snyder-Hall | Democratic | Yea |
| Cyndie Romer | Democratic | Yea |
| DeShanna U Neal | Democratic | Yea |
| Debra Heffernan | Democratic | Yea |
| Edward S. Osienski | Democratic | Yea |
| Eric Morrison | Democratic | Not Voting |
| Frank Burns | Democratic | Yea |
| Franklin D. Cooke | Democratic | Yea |
| Josue O Ortega | Democratic | Not Voting |
| Kamela T Smith | Democratic | Yea |
| Kendra Johnson | Democratic | Yea |
| Kerri Evelyn Harris | Democratic | Yea |
| Kimberly Williams | Democratic | Yea |
| Krista Griffith | Democratic | Yea |
| Larry Lambert | Democratic | Yea |
| Madinah Wilson-Anton | Democratic | Yea |
| Mara Gorman | Democratic | Yea |
| Melanie Ross Levin | Democratic | Yea |
| Melissa Minor-Brown | Democratic | Yea |
| Nnamdi O. Chukwuocha | Democratic | Yea |
| Sean M. Lynn | Democratic | Not Voting |
| Sherae'a Moore | Democratic | Yea |
| Sophie Phillips | Democratic | Yea |
| Stephanie T. Bolden | Democratic | Yea |
| William Bush | Democratic | Yea |
| William J. Carson | Democratic | Yea |
| Bryan W. Shupe | Republican | Not Voting |
| Charles S Postles Jr. | Republican | Yea |
| Daniel B. Short | Republican | Not Voting |
| Jeff Hilovsky | Republican | Yea |
| Jeffrey N. Spiegelman | Republican | Yea |
| Jesse R. Vanderwende | Republican | Not Voting |
| Kevin S Hensley | Republican | Yea |
| Lyndon D. Yearick | Republican | Yea |
| Michael F. Smith | Republican | Not Voting |
| Richard G. Collins | Republican | Yea |
| Ronald E. Gray | Republican | Yea |
| Shannon Morris | Republican | Yea |
| Timothy D. Dukes | Republican | Yea |
| Valerie Jones Giltner | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 129 do?
- 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.
- Who sponsors HB 129?
- HB 129 is sponsored by Claire Snyder-Hall (Democratic), Spiros Mantzavinos (Democratic), Kerri Evelyn Harris (Democratic), Nicole Poore (Democratic), Mara Gorman (Democratic), Marie Pinkney (Democratic), William Bush (Democratic), Sean M. Lynn (Democratic), and Cyndie Romer (Democratic).
- What is the current status of HB 129?
- This bill has been enacted into law. Introduced May 01, 2025. Enacted.
- Where can I track HB 129?
- Track HB 129 free on One Click Politics — get push/email alerts when it moves.
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