HB 9 — AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CERTAIN CRIMES.
Last action — Signed by Governor
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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 10, 2017. Enacted.
Prognosis
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Enacted
Current position in the legislative process.
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14 sponsors
4 primary, 10 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (5 D).
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Cleared a recorded vote
Passed 2 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
This bill allows judicial discretion when juveniles are charged with any of the five specific offenses carved out in state code that say a juvenile of 16 or older, or 15 in the case of § 1447A, must be prosecuted as an adult. The bill simply changes the language from ‘shall’ to ‘may’ to allow judges to weigh the possibility that the juvenile may be better served in Delaware’s Family Court system via the amenability process already enumerated in Title 10 § 1010 and § 1011. Four of the five statutes date back to 1972. The most recent change pertaining to the ages of juveniles affected was in 1996 when lawmakers dropped the age requirement on Section 1447A from 16 to 15. This bill also raises the age in § 1447A to 16, as well.
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: 13 YES 4 NO 4 NOT VOTING
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Reported Out of Committee (Judicial & Community Affairs) in Senate with 3 On Its Merits
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Assigned to Judicial & Community Affairs Committee in Senate
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Passed By House. Votes: 41 YES
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Amendment HA 1 to HB 9 - Passed In House by Voice Vote
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Reported Out of Committee (Judiciary) in House with 9 On Its Merits
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Amendment HA 1 to HB 9 - Introduced and Placed With Bill
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Introduced and Assigned to Judiciary Committee in House
Sponsors
- Debra Heffernan · Primary
- Bryan Townsend · Cosponsor
- Sean M. Lynn · Cosponsor
- Trey Paradee · Cosponsor
- Kendra Johnson · Primary
- Helene M. Keeley · Cosponsor
- Paul S. Baumbach · Cosponsor
- John A. Kowalko · Cosponsor
- Valerie Longhurst · Cosponsor
- Gerald L. Brady · Cosponsor
- Charles Potter Jr. · Cosponsor
- Bruce C. Ennis · Cosponsor
- Margaret Rose Henry · Primary
- Harris B. McDowell · Primary
Sponsorship breakdown
Export CSV (upgrade) →4 sponsors · 10 co-sponsors · 48 not signed on · 4 voted No
Sponsors (4)
- Debra Heffernan Democratic
- Kendra Johnson Democratic
- Margaret Rose Henry
- Harris B. McDowell
Co-sponsors (10)
- Bryan Townsend Democratic
- Sean M. Lynn Democratic
- Trey Paradee Democratic
- Helene M. Keeley
- Paul S. Baumbach
- John A. Kowalko
- Valerie Longhurst
- Gerald L. Brady
- Charles Potter Jr.
- Bruce C. Ennis
Not signed on (48)
48 members have not signed on to this bill.
Show all 48 →"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 |
|---|---|---|---|---|
| Unaffiliated | 6 | 3 | 0 | 3 |
| Democratic | 5 | 0 | 0 | 0 |
| Republican | 2 | 1 | 0 | 1 |
| Total | 13 | 4 | 0 | 4 |
| % of votes cast | 62% | 19% | 0% | 19% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Anthony Delcollo | — | Nay |
| Brian J. Bushweller | — | Not Voting |
| Bruce C. Ennis | — | Yea |
| Catherine Cloutier | — | Not Voting |
| Colin Bonini | — | Nay |
| David B. McBride | — | Yea |
| Ernesto B Lopez | — | Yea |
| F. Gary Simpson | — | Yea |
| Gregory F. Lavelle | — | Not Voting |
| Harris B. McDowell | — | Yea |
| Margaret Rose Henry | — | Yea |
| Robert Marshall | — | Nay |
| Bryan Townsend | Democratic | Yea |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Brian Pettyjohn | Republican | Not Voting |
| Bryant L. Richardson | Republican | Yea |
| Dave G. Lawson | Republican | Yea |
| Gerald W. Hocker | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 25 | 0 | 0 | 0 |
| Democratic | 7 | 0 | 0 | 0 |
| Republican | 9 | 0 | 0 | 0 |
| Total | 41 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (41)
Subjects
Frequently asked questions
- What does HB 9 do?
- This bill allows judicial discretion when juveniles are charged with any of the five specific offenses carved out in state code that say a juvenile of 16 or older, or 15 in the case of § 1447A, must be prosecuted as an adult. The bill simply changes the language from ‘shall’ to ‘may’ to allow judges to weigh the possibility that the juvenile may be better served in Delaware’s Family Court system via the amenability process already enumerated in Title 10 § 1010 and § 1011. Four of the five statutes date back to 1972. The most recent change pertaining to the ages of juveniles affected was in 1996 when lawmakers dropped the age requirement on Section 1447A from 16 to 15. This bill also raises the age in § 1447A to 16, as well.
- Who sponsors HB 9?
- HB 9 is sponsored by Debra Heffernan (Democratic), Bryan Townsend (Democratic), Sean M. Lynn (Democratic), Trey Paradee (Democratic), Kendra Johnson (Democratic), Helene M. Keeley, Paul S. Baumbach, John A. Kowalko, Valerie Longhurst, Gerald L. Brady, Charles Potter Jr., Bruce C. Ennis, Margaret Rose Henry, and Harris B. McDowell.
- What is the current status of HB 9?
- This bill has been enacted into law. Introduced May 10, 2017. Enacted.
- Where can I track HB 9?
- Track HB 9 free on One Click Politics — get push/email alerts when it moves.
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