CHAPTER 702

SENATE BILL NO. 675

AS AMENDED BY SENATE AMENDMENT NOS.

2 & 4

AND

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 41, OF TITLE 21, DELAWARE CODE, RELATING TO OMNIBUS CHANGES IN THE DEPARTMENT OF PUBLIC SAFETY.

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 §4172 of Chapter 42, Title 21, Delaware Code, by striking said section in it's entirety and insert in lieu thereof a new section to read as follows:

"§4172. Speed exhibitions; drag races; and other speed contests.

(a) No person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, and no person shall aid, abet, promote, assist or in any manner participate in any such race, competition, contest, test or exhibition.

(b) No person shall accelerate or try to accelerate his vehicle at a rate which causes the drive wheels to spin or slip on the road surface. This subsection shall not apply during periods of inclement weather.

(c) No owner or person in charge of a vehicle shall permit his vehicle or any vehicle under his control to be used by another person for any of the purposes listed in part (a) or part (b) of this section. If any vehicle is witnessed by a police officer to be in violation of this section and the identity of the operator is not otherwise apparent, the person in whose name such vehicle is registered as the owner shall be held prima facie responsible for such violation.

(d) Whoever violates any of the provisions of this section shall be fined for the first offense not less than $25 nor more than $200 or imprisoned not less than ten (10) days nor more than thirty (30) days, or both. For each subsequent like offense, he shall be fined not less than $50 nor more than $400 or imprisoned not less than fifteen (15) days nor more than sixty (60) days or both. Upon receiving notice of a conviction for a first offense, the Secretary shall forthwith suspend the drivers license of the person convicted, for a period of not longer than six (6) months. Upon receiving notice of a conviction of a subsequent like offense, the Secretary shall suspend the drivers license for a one year period. Notwithstanding the foregone, there shall not be a suspension of drivers license upon conviction for a first offense under paragraph (b) of this section."

Section 2. Amend §4177, Chapter 41, Title 21, Delaware Code, by adding thereto a new subsection to be designated as subsection (e) to read as follows:

"(e) Notwithstanding the penalties specified in subsection (a) of this section and notwithstanding the one year revocation specified in subsection (b) of this section, anyone so convicted shall be permitted to apply for a drivers license or driving privileges during the period of revocation if the applicant sets forth in the application that:

(1) the conviction upon which the application is based is a first offense within the meaning of §4177, Title 21, Delaware Code, as amended; and

(2) no prior revocation ruling against the applicant has been ordered within the last five (5) years; and.

(3) the applicant has satisfactorily completed a course of instruction and/or rehabilitation program and paid all fees in connection therewith. Said course of instruction and/or rehabilitation program shall be available within the time period within which his license was revoked unless additional time is deemed necessary by the Secretary. The administration and fees of the said course of instruction and/or rehabilitation program shall be under the authority of the Secretary; and

(4) the applicant, after satisfactorily completing said course, may apply for his license. A period of at least six (6) months must elapse between the time of surrender of the applicant's license until the issuance of such license; and

(5) proof of financial responsibility has been furnished as required under Chapter 29, Title 21, Delaware Code; and

(6) subsection (e) shall terminate on July 1, 1980. The Secretary shall provide the General Assembly with a comprehensive report on the results of the implementation of subsection (e) on the third day of the session beginning in January, 1980."

Section 3. Amend Title 21, Chapter 27, Section 2732, Subsection (a) (1) by striking paragraph (1) of Subsection (a) in its entirety and insert in lieu thereof a new paragraph (1) to read as follows:

"(1) Manslaughter or homicide resulting from the operation of a motor vehicle;"

Section 4. Amend Chapter 41, Title 21 of the Delaware Code by adding thereto a new section to be designated as §4172A and to read as follows:

"§4172A. Malicious Mischief By A Motor Vehicle.

or destruction of property owned by another person, party, company, or corporation.

(b) No owner or person in charge of a motor vehicle shall permit his motor vehicle or any motor vehicle under his control to be operated by another person in such a manner as to cause willful, wanton, or reckless damage to or destruction of property owned by another person, party, company or corporation.

(c) Whoever being an operator violates any of the provisions of this section shall be fined for the first offense not less than twenty five dollars ($25.00) nor more than two hundred dollars ($200.00) or imprisoned not less than ten (10) days nor more than thirty (30) days, or both. Upon receiving the notice of such conviction, the Secretary shall forthwith suspend the driver's license of the person convicted, for a period of not longer than six (6) months. For each subsequent like offense, he shall be fined not less than fifty dollars ($50.00) nor more than four hundred dollars ($400.00) or imprisoned not less than fifteen (15) days nor more than sixty (60) days, or both. Upon receiving a court record of conviction for a subsequent like offense, the Secretary shall suspend the driver's license for a one (1) year period.

(d) Whoever being the owner or person in charge of a motor vehicle who permitted such motor vehicle to be operated in violation of the provisions of this section shall be fined for the first offense not less than twenty five dollars ($25.00) nor more than two hundred dollars ($200.00) or imprisoned not less than ten (10) days nor more than thirty (30) days, or both. For each subsequent like offense he shall be fined not less than fifty dollars ($50.00) nor more than four hundred dollars ($400.00) or imprisoned not less than fifteen (15) days nor more than sixty (60) days, or both.

() The provisions of this section shall apply to the operation of motor vehicles on public highways and elsewhere throughout the state."

Section 5. Severability.

If any provision of this Act, or any rule, regulation or order thereunder or the application of such provision to any person or circumstances shall be held invalid, the remainder of this Act and the application of such provisions of this Act or of such rule, regulation or order to persons or circumstances other than those to which it is held invalid shall not be affected hereby.

Approved August 5, 1976