Delaware General Assembly


CHAPTER 339

AN ACT TO AMEND CHAPTER 3, TITLE 21, DELAWARE CODE, BY PROVIDING FOR AND RESTRICTING THE INSPECTION OF REGISTRATION AND LICENSE RECORDS AND BY PROVIDING PENALTIES FOR THE VIOLATION THEREOF.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 3, Title 21, Delaware Code, is amended by striking § 310 and inserting in lieu thereof a new § 310 to read as follows:

§ 310. Registration and license records

(a) All registration and license records of three years or less in the offices of the Department shall be public records and open to inspection by the public during business hours.

(b) All registration and license records of more than three years age shall be available to the Governor as required by Article 3, § 14 of the Constitution.

(c) All registration and license records of more than three years age shall be available for inspection for purposes relating to the performance of public duties by (1) the Chairman and the members of the State Highway Department, (2) the Commissioner and his designated representatives, (3) the chief executive officer of any public police organization or his representative, so designated in writing, (4) any judge of any Court of this State, (5) any probation officer designated by any Court of this State, (6) the attorney of the individual whose record is requested upon presentation of a notarized affidavit that such record is required for the defense of the individual charged with a motor vehicle violation, and (7) any member of the General Assembly. Any such person inspecting such records for purposes other than those relating to the performance of public duties or using the information so obtained for purposes other than those relating to the performance of public duties shall be guilty of a misdemeanor and shall be fined not less than $50.00 or more than $500.00 or imprisoned for not more than one year or both.

(d) The license and registration records of the Department shall not be available for inspection except as provided under subsections (a), (b) and (c) hereof.

(e) The Commissioner shall charge a fee of $2.00 for each copy of a record supplied to persons other than those designated in subsections (b) and (c) hereof.

Approved May 24, 1966.