CHAPTER 218

FORMERLY

HOUSE BILL NO. 385

AN ACT TO AMEND SECTIONS 5915 AND 5917, CHAPTER 59, TITLE 11 OF THE DELAWARE CODE REGARDING DISPOSITION OF FINES AND COSTS.

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

Section 1. Amend §5915(a), Chapter 59, Title 11 of the Delaware Code by striking the last full sentence of $5915(a) and substituting in lieu thereof a new sentence to read as follows:

"All fines and penalties collected for each calendar month shall be paid over by the justices to the State Treasurer within 15 days after the first day of the succeeding calendar month, provided that any such fines or forfeitures which, by the laws of this State, are due and payable to a County or municipality thereof shall be paid by each justice to the County or municipality entitled thereto."

Section 2. Amend §5915. Chapter 59, Title 11 of the Delaware Code by adding a new subsection (d) thereof to read as follows:

"(d) All fines collected for the violation of any of the provisions of this Title, in the limits of any County, incorporated city or town in this State where arrests are procured by the authorized representatives of that County. incorporated city or town, shall be paid to that County, incorporated city or town within which such offense was committed for the use of that County, incorporated city or town. Nothing in this subsection 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. All the fines, penalties and forfeitures imposed and collected in any County of this State for violation of any of the laws of this Title, where the arrests are procured by the authorized representatives of the Department of Public Safety, shall inure and be paid to the State Treasurer for the General Fund. Such fines, penalties and forfeitures shall be collected as other fines, penalties and forfeitures are collected under the laws of this State, and the officers collecting them shall make a monthly report thereof to the State Treasurer on blanks to be furnished for that purpose by the Department of Public Safety. 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 3. Amend §5917, Chapter 59, Title 11 of the Delaware Code by adding a new subsection (d) thereof to read u follows:

"(d) All fines collected for the violation of any ordinance, code or regulation of any County or municipality of this State where a summons was issued or where an arrest was procured by the authorized representatives of that County or municipality. shall be paid to that County or municipality within which such violation occurred for the use of that County or municipality; otherwise such fines shall inure and be paid to the State Treasurer for the General Fund. Nothing in this subsection shall be construed to entitle any County to fines, penalties or forfeitures arising from a summons Issued or an arrest made under this Section by an authorized representative of that County for a violation committed within any incorporated city or town. Fines, penalties and forfeitures collected under the provisions of this Section shall be collected and disbursed as other fines, penalties and forfeitures are collected and disbursed under the laws of this State, and the officers collecting them shall make a monthly report thereof to the State Treasurer on blanks to be furnished for that purpose by the Department of Public Safety. Ali costs collected for the violation of any County or municipal ordinance, code or regulation shall be paid to the jurisdiction whose court imposed said costs."

Approved September 6, 1985