Delaware 150th General Assembly (2019-2020) Status: Enacted Bipartisan · 12 D · 2 R cosponsors

SB 41 — AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO JUVENILE DELINQUENCY.

Last action — Signed by Governor

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced May 07, 2019. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 98% · high confidence

  • Enacted

    Current position in the legislative process.

  • 25 sponsors

    4 primary, 21 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (12 D · 2 R) — cross-party backing.

  • 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 Act establishes that the age of offense and not the age of arrest determines jurisdiction for a person facing charges. Currently, if a person commits a delinquent act before age 18 but is arrested after age 18, the offense is automatically heard before the adult court of jurisdiction. See Howard v. State, 612 A.2d 158 (Del. 1992) (Table). This Act reverses this procedure so that if the offense occurs before the age of 18 and the arrest is after a person’s 18th birthday, but before their 21st birthday, the Family Court will have jurisdiction. However, this Act makes clear that this Act does not preclude prosecuting a person to whom the Act applies as an adult, as permitted in Title 10.

Bill Text

Action History

  1. Signed by Governor

  2. Passed By House. Votes: 41 YES

  3. Reported Out of Committee (Judiciary) in House with 6 On Its Merits

  4. Assigned to Judiciary Committee in House

  5. Passed By Senate. Votes: 19 YES 2 ABSENT

  6. Reported Out of Committee (Judicial) in Senate with 4 On Its Merits

  7. Introduced and Assigned to Judicial Committee in Senate

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

4 sponsors · 21 co-sponsors · 37 not signed on

Sponsors (4)

Co-sponsors (21)

Not signed on (37)

37 members have not signed on to this bill.

Show all 37 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 41 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 17000
Democratic 12000
Republican 12000
Total 41000
% of votes cast 100%0%0%0%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
David Bentz — Yea
Earl G. Jaques Jr. — Yea
Gerald L. Brady — Yea
John A. Kowalko — Yea
John J. Viola — Yea
John L. Mitchell — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Quinton Johnson — Yea
Raymond Seigfried — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stephen Smyk — Yea
Valerie Longhurst — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

SM

Passed 19 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
Democratic 8001
Republican 5000
Total 19002
% of votes cast 90%0%0%10%
How each member voted (21)
Member Party Vote
Anthony Delcollo — Yea
Bruce C. Ennis — Yea
Catherine Cloutier — Not Voting
Colin Bonini — Yea
David B. McBride — Yea
Ernesto B Lopez — Yea
Harris B. McDowell — Yea
Bryan Townsend Democratic Not Voting
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Laura V. Sturgeon Democratic Yea
Nicole Poore Democratic Yea
S. Elizabeth Lockman 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
Gerald W. Hocker Republican Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 41 do?
This Act establishes that the age of offense and not the age of arrest determines jurisdiction for a person facing charges. Currently, if a person commits a delinquent act before age 18 but is arrested after age 18, the offense is automatically heard before the adult court of jurisdiction. See Howard v. State, 612 A.2d 158 (Del. 1992) (Table). This Act reverses this procedure so that if the offense occurs before the age of 18 and the arrest is after a person’s 18th birthday, but before their 21st birthday, the Family Court will have jurisdiction. However, this Act makes clear that this Act does not preclude prosecuting a person to whom the Act applies as an adult, as permitted in Title 10.
Who sponsors SB 41?
SB 41 is sponsored by Sean M. Lynn (Democratic), Kendra Johnson (Democratic), Debra Heffernan (Democratic), Nnamdi O. Chukwuocha (Democratic), Bryan Townsend (Democratic), David P. Sokola (Democratic), Brian Pettyjohn (Republican), S. Elizabeth Lockman (Democratic), Dave G. Lawson (Republican), Stephanie L. Hansen (Democratic), Darius J. Brown (Democratic), Trey Paradee (Democratic), Laura V. Sturgeon (Democratic), John "Jack" Walsh (Democratic), David B. McBride, Gerald L. Brady, Valerie Longhurst, Colin Bonini, Anthony Delcollo, Harris B. McDowell, Paul S. Baumbach, Ruth Briggs King, Quinton Johnson, John A. Kowalko, and Michael Ramone.
What is the current status of SB 41?
This bill has been enacted into law. Introduced May 07, 2019. Enacted.
Where can I track SB 41?
Track SB 41 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 41

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 41

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →