SENATE BILL NO. 247
AS AMENDED BY SENATE AMENDMENT NO. 2 &
HOUSE AMENDMENT NO. 4
AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO CERTAIN PENALTY ASSESSMENTS PAYABLE BY MAIL.
Be it enacted by the General Assembly of the State of Delaware (two-thirds of all members elected to each House thereof concurring therein):
Section 1. Amend Chapter 7, Part I, Title 21 of the
Delaware Code by adding thereto a new section to be designated as §709 which new section shall read as follows:
"§709. Motor Vehicle Fines Payable by Mail.
Any duly constituted peace officer in the State, who charges any person with any of the offenses hereinafter designated 'Motor Vehicle Offenses Subject to Voluntary Assessment' may, in addition to issuing a summons for any such offenses, provide the offending operator with a voluntary assessment form which, when properly executed by the officer and the offender, allows the offender to dispose of the charge without the necessity of personally appearing in the court to which the summons is returnable. The court to which the summons is returnable shall be determined by the provision of Section 703 of this Title.
(1) 'Payment' as used in this Section shall mean the total amount of the fine and the costs as herein provided and of the penalty assessment added to the fine pursuant to the Delaware Victim Compensation Law, Chapter 90, Title 11.
(2) 'voluntary assessment form' as used in this Section means the written agreement or document signed by the violator wherein he agrees to pay by mail the fine for the offense described therein together with costs and penalty assessment.
(c) Places and Time of Payment
Payments made pursuant to this Section shall be remitted to the court to which the summons is returnable and shall be disbursed in accordance with Section 706 of this Chapter. The payment must be received by the court within ten days from the date of arrest (excluding Saturday and Sunday) and shall be paid only by check or money order.
This section shall apply to any licensed resident of the State of Delaware and to residents of those jurisdictions with which the State of Delaware has entered a reciprocal agreement pursuant to the provisions of Chapter 4 of this Title.
(e) Offenses designated as "Motor Vehicle Offenses Subject to Voluntary Assessment", Exceptions
All offenses, as now or hereafter set forth in Title 21, are hereby designated as Motor Vehicle Offenses Subject to Voluntary Assessment except the following offenses:
( 1 ) Violation of §2701, Title 21;
(2) Violation of §2756, Title 21;
(3) Violation of §4103; Title 21;
(4) Violation of §4175, Title 21;
(5) Violation of §4177, Title 21;
(6) Violation of §4201, Title 21;
(7) Violation of §4202, Title 21;
(8) Any violation of the provisions of Chapter 67, Title
(f) Offer and Acceptance of Voluntary Assessment; Effect; Withdrawal of Acceptance; Request for Hearing
(1) At the time of making an arrest for any offense subject to the provisions of this Section, the arresting officer may offer the alleged violator the option of accepting a voluntary assessment. The alleged violator's signature on the voluntary assessment form constitutes an acknowledgement of guilt of the offense stated in the form, and an agreement to pay the fine as herein provided, together with costs and penalty assessment, within ten days from the date of arrest (excluding Saturday and Sunday), during which time payment must be received by the Court.
(2) The alleged violator, after signing and receiving the voluntary assessment form, may withdraw his acceptance of the voluntary assessment and request a hearing on the charge stated in such form, provided that the alleged violator, within 10 days from the date of arrest (excluding Saturday and Sunday), personally or in writing notifies the Court to which payment of the penalty assessment was to be made that he wishes to withdraw his acceptanCe of the voluntary assessment and requests a hearing on the charge stated in the voluntary assessment form. If the alleged violator notifies the Court of such withdrawal and request for hearing as aforesaid, he shall be prosecuted for the charge stated in the voluntary assessment form as if such form had not been issued.
If an alleged violator elects the option of accepting a violation assessment in accordance with subsection (f) of this Section, the penalty for offenses designated as Motor Vehicle Offenses Subject to Voluntary Assessment shall be the minimum fine for each specific offense charged, and fines shall be cumulative if more than one offense is charged.
(h) Court Costs and Applicability of Delaware Victim Compensation Law
In lieu of any other court costs, and provided the _offense if not subject to other proceedings under this Section, each fine for an offense under this Section shall be subject to court costs of $8.50. Each fine for an offense under this Seetionshall be subject also to the penalty assessment which is or may be provided for in the Delaware Victim Compensation Law, Chapter 90, Title 11.
() Agreement to Accept Voluntary Assessment; Procedure
Whenever a person is arrested for-commission of an offense subject to the provisions of this Section and has elected to make payment as herein provided, the arresting officer, using the uniform traffic citation, shall complete the information section and _prepare the voluntary assessment form indicating the amount of the fine, have the arrested person sign the voluntary assessment form, give a copy of the citation and form to the arrested person, and release him from custody; The arresting officer shall also inform the arrested person of the court to which payment shall be submitted. No officer shall receive or accept custody of a payment. If the person declines to accept the voluntary assessment, the arresting officer shall follow the procedure for arrest as set forth in Chapter 19 of Title 11.
(j) Payment of Fine As Complete Satisfaction, Repeat Offenders
(1) Payment of the prescribed fine, costs and penalty assessment is a complete satisfaction of the violation, except as provided in subsection (2) of this section, but does not waive any administrative penalty in the nature of points which may be lawfully charged to the violator's driving record by the Department of Public Safety.
(2) In the event that following compliance with the payment provisions of this Section, it is determined that within the two-year period immediately preceding the violation, the violator was convicted of or made a payment pursuant to this Section in satisfaction of a violation of the same section of this title, personal appearance before the court to which the summons is returnable shall be required. Notice of the time and place for the required court appearance shall be given to the violator by the court to which the summons for the offense would be returnable.
(k) Removal From Applicability of Section
(1) If a payment due pursuant to this Section is not received by the court to which the summons is returnable within ten days from the date of arrest (excluding Saturday and Sunday), the violator shall be prosecuted for the offense charged on the voluntary assessment form in a manner as if a voluntary assessment form had not been issued. Upon conviction in such prosecution, the court shall impose penalties as provided by this title or other law relating to motor vehicles for the particular violation charged, and the provisions of this Section as to payment of fines under voluntary assessments shall not apply.
(2) In addition to the penalties provided for in Subsection (k) (I) above, it is a class B misdemeanor punishable as provided by Title 1 1 , for any person, who has elected to make payment pursuant to this Section to fail to do so within
ten days (excluding Saturday and Sunday) from the date of arrest.
(I) Non-Exclusive Procedure
The procedure prescribed is not exclusive of any other method prescribed by law for the arrest and prosecution of person violating any of the provisions of Title 21.
Section 2. This act shall become effective July 1, 1976.
Approved June 30, 1976