This amendment to House Bill No.

Plain English Breakdown

The official text specifies exact subsections of Section 4764 for different court pairings, which was clarified in the rewrite.

Clarifying Which Courts Hear Certain Cases in Newark

This amendment allows the Alderman's Court to hear cases involving people aged 18 or older who break specific City of Newark rules related to Section 4764 of the Delaware Code, sharing this power with other courts depending on whether the case is a crime or a civil penalty.

What This Bill Does

• Allows the Alderman's Court to handle cases for people aged 18 or older who break City of Newark ordinances related to Section 4764(b), (c), or (d) of the Delaware Code.
• Gives both the Alderman's Court and the Court of Common Pleas shared power over criminal charges under these city rules if they involve violations of Section 4764(b) or (d).
• Gives both the Alderman's Court and the Justice of the Peace Court shared power over civil penalties under these city rules if they involve violations of Section 4764(c).
• Limits this court authority to conduct that happens inside the City of Newark.

Who It Names or Affects

• People aged 18 or older who are charged with breaking specific ordinances in Newark related to Section 4764.
• The Alderman's Court of the City of Newark
• The Delaware Court of Common Pleas
• The Justice of the Peace Court

Terms To Know

Concurrent jurisdiction

When two or more courts have the legal power to hear and decide the same type of case.

Civil penalty

A fine or punishment for breaking a rule that is not treated as a criminal offense.

Limits and Unknowns

• This law only applies to cases involving people who are at least 18 years old.
• The rules apply only to conduct that happens within the City of Newark.
• The text does not explain what specific actions Section 4764 covers, other than referencing subsections (b), (c), and (d).
• This amendment applies specifically to House Bill No. 33.

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).