CHAPTER 221

FORMERLY

HOUSE BILL NO. 95

AN ACT TO AMEND CHAPTER 7, OF TITLE 21, OF THE DELAWARE CODE TO REMOVE AS OBSOLETE THE REQUIREMENT THAT A PERSON ARRESTED WITHOUT A WARRANT FOR A MOTOR VEHICLE OFFENSE BE TAKEN, OR SUMMONED TO APPEAR, BEFORE THE NEAREST AVAILABLE JUSTICE OF THE PEACE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 703, Chapter 7 of Title 21 of the Delaware Code by striking subsection (a) of said section in its entirety and substituting in lieu thereof a new subsection (a) to read as follows:

"(a) A person arrested without a warrant in the City of Wilmington for a violation of any section of this Title shall be taken before a Judge of the Municipal Court for the City of Wilmington, except that persons arrested for a violation of any section of this Title occurring on any part of the interstate highway system may be taken before a Justice of the Peace. A person arrested without a warrant outside of the City of Wilmington for a violation of any section of this Title or arrested for any moving traffic violation of any municipal ordinance regulating traffic within its territorial limits as set forth in Chapter 41 of this Title shall have his case heard and determined by a Justice of the Peace."

Section 2. Amend Section 703, Chapter 7 of Title 21 of the Delaware Code by striking subsection (b) of said section in its entirety and substituting in lieu thereof a new subsection (b) to read as follows:

"(b) Notwithstanding subsection (a) of this section the arresting officer may issue a summons to the person arrested for an appearance at a subsequent date before a Justice of the Peace, or, where appropriate, before a Judge of the Municipal Court."

Section 3. Amend Section 703, Chapter 7 of Title 21 of the Delaware Code by striking subsection (c) of said section In its entirety and substituting in lieu thereof a new subsection (c) to read as follows:

"(a) The arresting officer shall take the person arrested without a warrant, or shall summon the person arrested to appear at a subsequent date, before a Justice of the Peace Court which is located in the same county wherein the violation occurred, unless a Justice of the Peace Court located in another county is closer to the place where the violation occurred, in which case the arresting officer may take the person arrested without a warrant, or may summon the person arrested to appear at a subsequent date, before said Court."

Approved April 20, 1982.