CHAPTER 157

HOUSE BILL NO. 211

AS AMENDED BY HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 41, TITLE 21 OF THE DELAWARE CODE RELATING TO PENALTIES FOR PASSING STOPPED SCHOOL BUSES.

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 §4166, Title 21 of the Delaware Code, by adding two new subsections at the end thereof to read as follows:

"(h) Penalties

Whoever violates subsection (d) of this section shall, for the first offense, be fined not less than $100 nor more than $200 or imprisoned not less than 30 days nor more than 80 days or both. For each subsequent like offense occurring within 3 years from the former offense, such person shall be fined not less than $100 nor more than $500, and imprisoned not less than 60 days nor more than 6 months. The minimum fine levied for a violation of subsection (d) of this Section shall not be subject to suspension.

(i) Suspension of License

Upon receiving a conviction for a violation of subsection (d) of this Section, the Department shall suspend the driver's license and/or driving privileges for a period of not less than one month, nor more than one year. If the driver's license is suspended, a conditional license may be issued pursuant to regulations adopted by the Department."

Section 2. Amend §4166(g), Title 21 of the Delaware Code, by inserting the words "or a school bus operator" after the word "officer" and before the word "to" as they appear in the first two lines of that subsection.

Section 3. Any previous Act of the General Assembly inconsistent with the provisions of this Act is hereby repealed to the extent of such inconsistency.

Approved July 14, 1981.