CHAPTER 215

FORMERLY

HOUSE BILL NO. 506

AS AMENDED BY HOUSE AMENDMENTS NOS. 1 AND 2

AN ACT TO AMEND CHAPTER 21, TITLE 11 OF THE DELAWARE CODE TO PERMIT A COURT TO HOLD AN OPERATOR'S LICENSE AS SECURITY FOR THE APPEARANCE FOR TRIAL, OR FOR SENTENCING OF A PERSON CHARGED WITH A VIOLATION OF DELAWARE'S TRAFFIC OR CRIMINAL LAWS.

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 §2106, Chapter 21, Part II, Title 11 of the Delaware Code by redesignating said section as new subsection (c) of present §2105, Title 11 of the Delaware Code.

Section 2. Amend Chapter 21, Title 11 of the Delaware Code by adding thereto a new section, designated as §2106, which new section shall read as follows:

"§2106. Posting of an Operator's License as Security for Court Appearance.

(a) In addition to the provisions of §2104 of this chapter, whenever any person lawfully possessed of an operator's license theretofore Issued to him by the Division of Motor Vehicles of the Department of Public Safety of the State of Delaware, or under the laws of any other state or territory or the District of Columbia, shall be arrested and charged with any violation of the traffic or criminal laws of this State, or of any political subdivision thereof, a Court may take and hold, as security for the appearance of the defendant for trial or for sentencing, the operator's license so issued to the defendant.

(b) Any person whose operator's license has been deposited with a Court, pursuant to the provisions of subsection (a) above, shall be Issued a receipt by the Court taking said license upon a form substantially as set forth below, and thereafter said person shall be permitted to operate a motor vehicle upon the highways of this State until and including the date scheduled for trial or sentencing, unless his license or privilege to operate a motor vehelle Is otherwise revoked, suspended or cancelled.

FORM OF RECEIPT

The operators license of , license number ______ is held by the Court, State of Delaware, as security for the appearance of said person for trial or for sentencing in connection with Case No. . Please accept this receipt as a substitute for that license as provided by Title 11, §2106 (a),belaware Code, as amended. Appearance Is scheduled for . THIS RECEIPT IS NOT VALID AFTER SAID DATE. FAILURE TO APPEAR WILL RESULT IN LICENSE SUSPENSION. AN ATTEMPT TO SECURE, OR THE SECURING OF, A DUPLICATE OPERATORS LICENSE DURING THE PERIOD IN WHICH THIS COURT HOLDS AN OPERATORS LICENSE SHALL BE CONSIDERED AS A CONTEMPT OF COURT UNDER 11 DEL.C., §1271 (3).

Judge"

(c) The Clerk of the Court in which a person's operator's license was taken as security for reappearance pursuant to subsection (a) of this section, shall Immediately forward to the Division of Motor Vehicles of the State of Delaware the license if the person fails to reappear by the date indicated in the receipt as prescribed by subsection (b) above. The Director of the Division of Motor Vehicles shall, upon receipt of a license so forwarded by the Clerk, suspend the operator's license and/or driving privileges of the defendant until notified by the Court that said defendant has appeared at Court for trial or sentencing. If the person be from another state or territory or from the District of Columbia, the Director of the Division of Motor Vehicles shall further advise the Motor Vehicle Administrator of the state, territory or the District of Columbia of this State's suspension and request that said person's license to drive be suspended until the defendant has appeared at Court for trial or sentencing.

(d) The Clerk of the Court in which a person's license was taken as security pursuant to subsection (a) of this section, shall immediately return to said person his operator's license upon his reappearance on the date as ordered by the Court, and as reflected in the form as prescribed by subsection (b) above.

(e) In determining whether or not a defendant shall post his operators license as security for his appearance for trial or for sentencing, the Court shall consider the criteria set forth in §2105 (3), Chapter 21 of this title."

Approved April 15, 1982.