CHAPTER 394

AN ACT TO AMEND TITLE 11, CHAPTER 41, SECTION 4104 OF THE DELAWARE CODE BY ADDING THERETO TWO NEW SUBSECTIONS AUTHORIZING THE STATE TREASURER TO REMIT FINES AND/OR COSTS TO PERSONS WHOSE CONVICTIONS HAS SUBSEQUENTLY BEEN SET ASIDE BY THE JUSTICE OF THE PEACE COURT AND THE COURT OF COMMON PLEAS WHEREIN THE FINE AND/OR COSTS WAS PAID, AND PROVIDING FOR THE NECESSARY PROCEDURE AND CERTIFICATION THEREFOR.

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

Section 1. Section 4104, Chapter 41, Title 11, of the Delaware Code, is hereby amended by adding thereto two new subsections, designated as subsection (c) and (d), to read as follows:

(c) The State Treasurer shall likewise remit the amount of any fine and/or costs to each person, or the attorney of such person, who has paid a fine upon conviction before a Justice of the Peace, which conviction was later set aside by the same Justice of the Peace Court. The State Treasurer shall pay such refund upon proper voucher drawn by such person, or by the attorney of such person, upon whom the fine was originally imposed when the voucher is accompanied by a certified copy of the docket entries of the case in the Justice of the Peace Court showing the setting aside of the conviction, together with the certificate of the Chief Justice of the Supreme Court of the State of Delaware verifying the final disposition of the case and stating that the remittance of the fine and/or costs to such person is proper.

(d) The State Treasurer shall likewise remit the amount of any fine and/or costs to each person, or the attorney of such person, who has paid a fine upon conviction in the Court of Common Pleas, which conviction was later set aside by the same Court of Common Pleas. The State Treasurer shall pay such refund upon proper voucher drawn by such person, or by the attorney of such person, upon whom the fine was originally imposed when the voucher is accompanied by a certified copy of the docket entries of the case in the Court of Common Pleas showing the setting aside of the conviction together with the certificate of the Clerk of the Court of Common Pleas verifying the final disposition of the case and stating that the remittance of the fine and/or costs to such person is proper."

Approved July 5, 1968.