Delaware HB 122

This Act clarifies and refines the criminal jurisdiction of Family Court. First, this Act alters the definition of “family” by removing the requirement that both parties be residents of this state. Second, this Act provides concurrent criminal jurisdiction in Family Court and the Court of Common Pleas for certain criminal offenses where the parentage of a child in common is in dispute. Finally, this Act provides Family Court and the Court of Common Pleas with concurrent criminal jurisdiction over non-felony, adult criminal cases that include charges that fall within both Family Court’s and Court of Common Pleas’ jurisdiction. This Act requires a greater than majority vote for passage because Section 28 of Article IV of the Delaware Constitution requires the affirmative vote of 2/3 of the members elected to each house of the General Assembly to confer jurisdiction of a misdemeanor on the Family Court. This Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.