CHAPTER 87

FORMERLY

HOUSE BILL NO. 120

AS AMENDED BY

HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 9, TITLE 10 OF THE DELAWARE CODE, RELATING TO ADJUDICATION PROCEDURE IN THE INTEREST OF A CHILD.

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 §937, Title 10 of the Delaware Code, by redesignating subsections (d), (e) and (f) as subsections (e), (f) and (g) and by further adding a new subsection (d) to read as follows:

"(d) Following adjudication or election by the juvenile in lieu of trial pursuant to Title 21, Delaware Code §4177B, the Court must:

(1) Order the Motor Vehicle Division of the Department of Public Safety after an adjudication of delinquency in violation of Title 21, Delaware Code, §4177 or election by the juvenile in lieu of trial pursuant to Title 21, Delaware Code §4177B to:

(a) Revoke or suspend the driving privileges or operator's license possessed by such child until that child reaches the age when he may legally consume intoxicating liquor. This revocation or suspension shall not be subject to waiver except after a minimum period of (6) months from the date the license is received by the Motor Vehicles Division, and then only if the child successfully completes a course of instruction similar to that required by Title 21, Delaware Code §4177B and has demonstrated a critical need for the return of restricted driving privileges.

(b) A critical need shall include loss of a meaningful employment opportunity, or loss of a school opportunity, or any other urgent need of the child or the child's immediate family the continuation of which is critical to the best interests of the child but only if and for so long as no other member of the immediate family is realistically capable of satisfying such urgent need.

(c) The Division of Motor Vehicles shall promulgate such rules and regulations as are necessary to verify the existence of a critical need, to permit the return of only so much of the privileges as are necessary to reasonably satisfy such critical need.

(d) Any person whose driver's license has been revoked and to whom a conditional/restricted license has been issued, under the provisions of this Chapter, and who drives any motor vehicle upon the highways of this State contrary to the conditions placed upon such conditional/restricted license during the period of such conditional/restricted license, upon conviction thereof, shall be fined not less than $25 or more than $200.

(e) The Department, upon receiving a record of conviction of any person upon the charge of operating a motor vehicle in violation of the conditions imposed upon said conditional/retrieted license during the period of such conditional/restricted license, shall forthwith direct such person to surrender said conditional/restridted license to the Department until the age when he may legally consume intoxicating liquor."

Section 2. This Act shall become effective 90 days after it becomes law.

Approved July 7, 1981.