CHAPTER 223

FORMERLY

HOUSE BILL NO. 507

AS AMENDED BY HOUSE AMENDMENTS NOS. 1, 2 AND 3

AN ACT TO AMEND CHAPTER 41, TITLE 11 OF THE DELAWARE CODE TO PERMIT A COURT TO HOLD AN OPERATORS LICENSE AS SECURITY FOR THE PAYMENT OF FINES, COSTS, RESTITUTION AND FOR THE VICTIMS COMPENSATION FUND ASSESSMENT.

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 §4104, Chapter 41, Title 11 of the Delaware Code by adding thereto a new subsection, designated as subsection (e), which new subsection shall read as follows:

"(e) 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 of 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, as a condition of sentencing, may take and hold, as security for the payment of any fine, costs, restitution or Victims Compensation Fund assessment, the operator's license so issued to the defendant."

Section 2. Amend §4104, Chapter 41, Title 11 of the Delaware Code by adding thereto a new subsection, designated as subsection (0, which new subsection shall read as follows:

"(f) Any person whose operator's license has been deposited with a Court, pursuant to the provision of subsection (e) above, shall be issued a receipt by the Court taking said license upon a form substantially as set forth in this subsection, and thereafter said person shall be permitted to operate a motor vehicle upon the highways of this State during the pendency of the case in which the license was taken, unless his license or privilege to operate a motor vehicle 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 payment of a fine, costs, restitution or victims compensation fund assessment in Case No. ________ Please accept this receipt as a substitute for that license as provided by Title 11, §4104 (e), Delaware Code, as amended. Payment is due by . 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"

Section 3. Amend §4104, Chapter 41, Title 11 of the Delaware Code by adding thereto a new subsection, designated as subsection (g), which new subsection shall read as follows:

"(a) The Clerk of the Court in which the sentence was imposed and for which a person's license was taken as security, pursuant to subsection (e) of this section, shall immediately forward to the Division of Motor Vehicles of the State of Delaware the license if the person fails to pay by the date indicated in the receipt as prescribed by subsection (f) above. The Director of the Division of Motor Vehicles shall, upon receipt of a license so forwarded by the Clerk, suspend the operators license and driving privileges of the defaulting driver until notified by the Court that payment of the fine, costs, restitution or victims compensation fund assessment has been mach. If the person be from another state or territory or the District of Columbia of the United States, 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 fine, costs, restitution, or Victims Compensation Fund assessment have been paid."

Section 4. Amend §4104, Chapter 41, Title 11 of the Delaware Code by adding thereto a new subsection, designated as subsection (h), which new subsection shall read as follows:

"(a) The Clerk of the Court in which the sentence was imposed and for which a person's operator's license was taken as security pursuant to subsection (e) of this section, shall immediately return to said person his operator's license upon payment of the fine, costs, restitution or Victims Compensation Fund assessment within the period as prescribed by the sentencing judge and as reflected in the form set forth in subsection (f) above."

Approved April 20, 1982.