AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO APPEALS.

Plain English Breakdown

The effective date is not specified in the provided text beyond 'Signed by Governor' and a general note that laws become effective upon signature or a specified date. The specific start date remains unknown based on this material.

HB43: Inmate Mailbox Rule for Criminal Appeals

This law changes how courts count filing dates when prisoners represent themselves and mail their own appeals in criminal cases.

What This Bill Does

• Sets the appeal filing date as the day an inmate gives papers to prison staff, not the day the court gets them.
• Requires inmates to use first-class postage that is paid in advance for these mailed appeals.
• Mandates that prison staff give inmates a receipt showing when they handed over the legal papers.
• Lists specific details on the receipt, including the staff member's name and the case number.

Who It Names or Affects

• Prisoners who represent themselves in criminal cases without lawyers
• Staff members at Delaware correctional institutions

Terms To Know

Pro se inmate

A prisoner who represents themselves in court instead of using a lawyer.

Praecipe or notice of appeal

The official legal document that starts an appeal process to review a lower court's decision.

Limits and Unknowns

• This rule only applies if the inmate follows all steps, including getting a receipt from staff.
• The law does not state when it officially takes effect beyond being signed by the Governor.
• It only covers appeals in criminal cases filed with the Supreme Court.

Official Summary Text

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO APPEALS.
This bill adopts an inmate mailbox rule similar to the federal inmate mailbox rule. If a pro se inmate files an appeal while incarcerated, the date of filing will be counted as the date that that the inmate gave the appeal to the DOC officials for mailing rather than the date that the Courts receive the appeal.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Morrison & Rep. Romer & Rep. Gorman & Sen. Pinkney & Sen. Townsend

Reps. Griffith, Lynn, Lambert, Burns, Snyder-Hall, Ross Levin, Harris, K. Williams; Sens. Sokola, Hansen, Seigfried

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 43

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO APPEALS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 147, Title 10 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 147. Time for appeal from Superior Court in criminal actions.

No

(a) Except as provided in paragraph (b) of this section, no

appeal from the Superior Court in a criminal action shall be received or entertained in the Supreme Court unless the praecipe or notice of appeal is duly filed in the office of the Clerk thereof within 30 days after the date of the judgment or decree.

(b) When an appeal is filed by a pro se inmate confined in an institution:

(1) The appeal is timely filed if:

a. The inmate’s praecipe or notice of appeal is placed in the institution’s internal mail system on or before the last day for filing.

b. The first-class postage is prepaid.

c. The praecipe or notice of appeal is accompanied by a receipt from the institution’s staff verifying the date and time the praecipe or notice of appeal was placed in the institution’s internal mail system.

(2) The institution’s staff must give the inmate a copy of a receipt containing the following:

a. The name of the staff member who received the inmate’s praecipe or notice of appeal.

b. The date and time the praecipe or notice of appeal was placed in the institution’s internal mail system.

c. The case number.

SYNOPSIS

This bill adopts an inmate mailbox rule similar to the federal inmate mailbox rule. If a pro se inmate files an appeal while incarcerated, the date of filing will be counted as the date that that the inmate gave the appeal to the DOC officials for mailing rather than the date that the Courts receive the appeal.