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HB 122

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO FAMILY COURT'S CRIMINAL JURISDICTION.

153rd General Assembly (2025-2026) Introduced by Mara Gorman and 4 co-sponsors

HB 122 expands Delaware family court's criminal jurisdiction, potentially redirecting certain criminal cases from district/superior courts to family courts.

Reported Out of Committee (Judiciary) in Senate with 4 On Its Merits
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WeVote Research Nonpartisan
Bill Summary · HB 122

Legislative bill overview

HB 122 amends Delaware's family court jurisdiction to expand its criminal authority under Title 10 of the Delaware Code. The bill was introduced in April 2025 and received a mixed committee review in May, with equal numbers of favorable and merit-based votes from the House Judiciary Committee. The specific jurisdictional changes are not detailed in the available action record.

Why is this important

Family courts typically handle civil matters like custody, support, and adoption, while criminal courts manage prosecutions. Expanding family court criminal jurisdiction could affect how certain offenses—potentially domestic violence, child abuse, or related crimes—are prosecuted and adjudicated. This could impact case processing, judicial expertise requirements, and defendants' rights depending on what crimes are included.

Potential points of contention

  • Scope of criminal authority: Unclear which specific crimes would fall under expanded family court jurisdiction and whether this appropriately matches family court judges' criminal law expertise
  • Due process concerns: Questions about whether family court procedures provide adequate criminal law protections compared to criminal courts
  • Judicial workload: Adding criminal cases to family courts already managing heavy civil dockets could create delays in custody and support cases
  • Defendant representation: Uncertainty about whether expanded jurisdiction includes full criminal procedure rights and public defender access

Compiled from official sources — confirm details with the bill’s official record.

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