This amendment to House Bill No.

Plain English Breakdown

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Amendment to Allow Alderman’s Court Jurisdiction in Certain Cases

This amendment allows the Alderman's court in Newark to hear cases involving certain violations and crimes under Delaware law when the person charged is at least 18 years old.

What This Bill Does

• Clarifies that the Alderman's court can handle cases where someone over 18 breaks a city rule that matches a state crime or civil violation.
• Gives both the Alderman’s Court and the Court of Common Pleas the right to hear criminal cases based on Newark rules that match Delaware law sections 4764(b) and (d).
• Allows the Alderman's Court and Justice of the Peace Court to handle civil penalty cases based on Newark rules that match Delaware law section 4764(c)

Who It Names or Affects

• People over 18 years old who break city rules in Newark.
• The Alderman’s Court, Court of Common Pleas, and Justice of the Peace Court.

Terms To Know

Alderman's Court

A local court that handles certain types of cases in Newark.

Concurrent Jurisdiction

When two or more courts can hear the same type of case.

Limits and Unknowns

• The amendment does not specify what happens if a person under 18 breaks these rules.
• It is unclear how this will affect existing cases before other courts.

Official Summary Text

This amendment to House Bill No. 33 clarifies that the Alderman's court may hear cases brought under an ordinance of the City of Newark that criminalizes or imposes a civil penalty for conduct that would constitute a crime or civil violation under Title 16, Section 4764 of the Delaware Code when the person charged is 18 years of age or older. This amendment further clarifies that the Alderman's Court and Court of Common Pleas shall have concurrent jurisdiction of crimes charged under a Newark ordinance criminalizing conduct that would constitute a violation of Section 4764(b) or (d), and the Alderman's Court and Justice of the Peace Court shall have concurrent jurisdiction over civil violations charged under a Newark ordinance imposing a civil penalty for conduct that would constitute a violation of Section 4764(c).

Current Bill Text

Legislation Document

SPONSOR:

Rep. Romer

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 1

TO

HOUSE BILL NO. 33

AMEND House Bill No. 33 by deleting lines 19 through 26 in their entirety and substituting in lieu thereof the following:

“

(e) Conduct that constitutes a violation of § 4764 of this title that is alleged to have occurred within the City of Newark by persons 18 years old or older may by brought initially before the Alderman’s Court of the City of Newark pursuant to an ordinance of the City of Newark that criminalizes conduct that constitutes a violation of § 4764(b) or (d) or that imposes a civil penalty for conduct that constitutes a violation of § 4764(c).

(1) The Alderman’s Court of the City of Newark and the Court of Common Pleas have concurrent jurisdiction over violations of an ordinance of the City of Newark that criminalizes conduct that constitutes a violation of § 4764(b) and (d) of this title that are committed within the City of Newark by persons 18 years of age and older.

(2) The Alderman’s Court of the City of Newark and the Justice of the Peace Court have concurrent jurisdiction over violations of an ordinance of the City of Newark that imposes a civil penalty for conduct that constitutes a violation of § 4764(c) of this title that are committed within the City of Newark by persons 18 years of age and older.

”.

SYNOPSIS

This amendment to House Bill No. 33 clarifies that the Alderman's court may hear cases brought under an ordinance of the City of Newark that criminalizes or imposes a civil penalty for conduct that would constitute a crime or civil violation under Title 16, Section 4764 of the Delaware Code when the person charged is 18 years of age or older. This amendment further clarifies that the Alderman's Court and Court of Common Pleas shall have concurrent jurisdiction of crimes charged under a Newark ordinance criminalizing conduct that would constitute a violation of Section 4764(b) or (d), and the Alderman's Court and Justice of the Peace Court shall have concurrent jurisdiction over civil violations charged under a Newark ordinance imposing a civil penalty for conduct that would constitute a violation of Section 4764(c).