CHAPTER 141

FORMERLY

HOUSE BILL NO. 276

AS AMENDED BY HOUSE AMENDMENT NO. 2

AN ACT TO AMEND SECTION 706, CHAPTER 7, TITLE 21 OF THE DELAWARE CODE REGARDING DISPOSITION OF FINES AND COSTS.

WHEREAS, New Castle County in the State of Delaware maintains its own police department; and

WHEREAS, the cost to the County taxpayer of that department on an annual basis exceeds S10 million; and

WHEREAS, the presence of that highly trained department results in tremendous saving in personnel and equipment costs to the State; and

WHEREAS, New Castle County presently expends more than ;50,000 per year on police overtime associated with the prosecutions of motor vehicle offenses under Title 21 of the Delaware Code; and

WHEREAS, New Castle County must purchase its ticket books from the State at an approximate annual cost of S1,500; and

WHEREAS, New Castle County, unlike the incorporated cities and towns of the State, presently is not entitled to any of the revenue resulting from arrests made for violations of Title 21 of the Delaware Code made by its authorized representatives; and

WHEREAS, it is fitting and proper that New Castle County be placed on equal footing with the Incorporated cities and towns of the State in this regard and that it be given the benefit of its industry for enforcement of the provisions of Title 21 of the Delaware Code.

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three- quarters of all members elected to each House thereof concurring therein):

Section I. Amend Section 706(a), Chapter 7, Title 21 of the Delaware Code by -

(a) striking the words "of any incorporated city or town" after the words "in the limits" and substituting "any County, incorporated city or town"; and

(b) striking the words "of the Incorporated city or town" after the phrase "authorized representatives" and substituting "of that County, incorporated city or town"; and

(c) striking the words "to the incorporated city or town" after the word "paid" and substituting "to that County, incorporated city or town"; and

(d) striking the words "for the use of the city or town" after the word "committed" and substituting "for the use of that County, incorporated city or town."

Section 2. Amend 5706(a). Chapter 7, Title 21, Delaware Code by striking the words "and costs" as they appear In the first sentence thereof.

Section 3. Amend 5106(a), Chapter 7, Title 21, Delaware Code by adding a sentence after the first sentence thereof to read as follows:

"Nothing in this section shall be construed to entitle any County to fines, penalties or forfeitures arising from an arrest made under this Title by an authorized representative of that County for a violation committed within any incorporated city or town."

Section 4. Amend 5706(a). Chapter 7, Title 21, Delaware Code by adding a new sentence at the end of subsection (a) to read as follows:

"All costs collected for the violation of any of the provisions of this Title shall be paid to the jurisdiction whose court imposed said costs.

Section 5. The provisions of this Act shall become effective on July 1, 1985.

Approved July 4, 1985.