CHAPTER 508

AN ACT TO AMEND CHAPTER 41, TITLE 11, DELAWARE CODE; CHAPTER 49, TITLE 10, DELAWARE CODE, RELATING TO FINES AND COSTS BECOMING JUDGMENTS AGAINST THE CONVICTED PERSON AND PROVIDING ATTACHMENT OF WAGES THEREFOR.

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

Section 1. Title 11, Delaware Code, Chapter 41, Section 4101, is amended by striking subsections (b) and (c) and inserting in lieu thereof the following new subsection:

(b) Immediately upon imposition by a Court or Justice of the Peace of any sentence to pay a fine and/or costs, the same shall be and become a judgment against the convicted person for the full amount of the fine and/or costs assessed by the sentence. If not paid promptly upon its imposition or in accordance with the terms of the order of the Court, the Clerk or Prothonotary shall cause the said judgment to be entered upon the civil judgment docket of the Court whence it may be executed and enforced or transferred in the same manner as other judgments of the Court; provided, however, that where a stay of execution is otherwise permitted by law such a stay shall not be granted as a matter of right but only within the discretion of the Court or Justice of the Peace.

Section 2. Title 11, Delaware Code, Chapter 41, Section 4101, is amended by changing the designation of the present subsection (d) to subsection (c).

Section 3. Title 10, Delaware Code, Chapter 49, Section 4913, is amended by changing the period at the end of subsection (a) thereof to a comma and adding thereafter the words "and except where the execution process is for a fine and/or costs due and owing to the State of Delaware.

Approved June 5, 1970.