Delaware 152nd General Assembly (2023-2024) Status: Passed House 13 D cosponsors

HB 112 — AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO JUVENILES.

Last action — Reported Out of Committee (Judiciary) in House with 1 Favorable, 6 On Its Merits, 1 Unfavorable

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

This bill died with 152nd General Assembly (2023-2024). It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

In plain language

The bill clarifies arrest and detention rules for children under 12 in Delaware.

This bill ensures that children under 12 cannot be arrested or detained, except for serious crimes like murder and rape. It updates existing laws to provide clear guidelines for handling juvenile offenses.

Summary

In 2022, the General Assembly passed HB 115, which prohibits the criminal prosecution of children under the age of 12, and limits delinquency proceedings for children under 12 to a small set of very serious crimes. This Act clarifies that children under 12 may not be arrested or placed in a detention facility pending adjudication, except where the alleged crime is one of the enumerated exceptions.

Bill Text

How this bill changes current law

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The bill clarifies the prohibition against the arrest and detention of children under 12, except for certain serious crimes.

  • § 1002, Title 10

    no child shall be arrested, placed in a detention facility as defined in § 1258 of Title 11, or prosecuted for a crime or act of delinquency arising from conduct that occurred when the child was under the age of 12, except for a child under the age of 12 accused of murder in the first degree, murder in the second degree, rape in the first degree, rape in the second degree, or accused of using, displaying, or discharging a firearm during the commission of a Title 11 or a Title 31 violent felony as set forth in § 4201 (c) of Title 11.

    The bill maintains the prohibition on prosecution and detention for children under 12 while outlining specific exceptions.

  • § 1007, Title 10

    no child under the age of 12 may be placed in a detention facility as defined in § 1258 of Title 11.

    The bill reiterates the restriction on placing children under 12 in detention facilities except in specified circumstances.

Action History

  1. Reported Out of Committee (Judiciary) in House with 1 Favorable, 6 On Its Merits, 1 Unfavorable

  2. Introduced and Assigned to Judiciary Committee in House

Sponsors

Sponsorship breakdown

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17 sponsors · 0 co-sponsors · 45 not signed on

Co-sponsors (0)

None.

Not signed on (45)

45 members have not signed on to this bill.

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"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.

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Subjects

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Frequently asked questions

What does HB 112 do?
In 2022, the General Assembly passed HB 115, which prohibits the criminal prosecution of children under the age of 12, and limits delinquency proceedings for children under 12 to a small set of very serious crimes. This Act clarifies that children under 12 may not be arrested or placed in a detention facility pending adjudication, except where the alleged crime is one of the enumerated exceptions.
Who sponsors HB 112?
HB 112 is sponsored by Sherry Dorsey Walker, David P. Sokola (Democratic), Trey Paradee (Democratic), Madinah Wilson-Anton (Democratic), Eric Morrison (Democratic), Sean M. Lynn (Democratic), Spiros Mantzavinos (Democratic), Kendra Johnson (Democratic), Russell Huxtable (Democratic), Nicole Poore (Democratic), Franklin D. Cooke (Democratic), Darius J. Brown (Democratic), Bryan Townsend (Democratic), Nnamdi O. Chukwuocha (Democratic), Valerie Longhurst, Sarah McBride, and Paul S. Baumbach.
What is the current status of HB 112?
This bill died with 152nd General Assembly (2023-2024). It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 112?
Track HB 112 free on One Click Politics — get push/email alerts when it moves.

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