CHAPTER 194

FORMERL

HOUSE BILL NO. 390

AS AMENDED BY HOUSE AMENDMENTS NO. 1 AND 2

AND SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 41, PART II, TITLE 11 of THE DELAWARE CODE RELATING TO CRIMINAL PROCEDURE, AND PROVIDING FOR AN ASSIGNMENT OF EARNINGS WHERE PAYMENT OF A FINE AND COSTS HAS BEEN DEFERRED.

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

Section 1. Amend §4105, Chapter 41, Part II, Title 11 of the Delaware Code, by adding the following new paragraph to the end of subsection (c):

An assignment of earnings executed in accordance with the provisions of this subsection shall be binding upon an employer in the same manner as an attachment of wages pursuant to Title 10 of the Delaware Code, except that an assignment need be filed only once with the employer who shall make the withholding and remittances until the full amount is paid. An amount of total earnings .consistent with Federal law may be assigned. An employer shall take no action against an employee who has executed an assignment, and the penalty imposed upon an employer who attempts to penalize an employee solely because of an assignment under the provisions of this subsection shall be in accordance with the manner set forth elsewhere in the Delaware Code for attachments.

Approved July 12, 1973.