CHAPTER 503

FORMERLY

HOUSE BILL NO. 526

AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND CHAPTERS 3, 7, 21, 23, 27, 31, 41, 42 AND 43, TITLE 21 OF THE DELAWARE CODE RELATING TO THE PENALTY PROVISIONS OF THE MOTOR VEHICLE CODE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two- thirds of all mcmbcrs cicctcd to cach Housc thcrcof concurring therein):

Section 1. Amend §315, Chaptcr 3, Part I, Talc 21 of thc Delaware Code by striking said Section in its cntircty and substituting in licu thcrcof the following:

"§315. Failurc to report changc of address;penalty

Whocvcr. holding an operator's liccnsc issued to him undcr the laws of this Statc or having a motor vchicic or tractor registered in his namc undcr the laws of this Statc, fails or neglects within one month aftcr any changc of his addrcss to notify the Department of any such changc of addrcss shall bc fincd, for thc first offcnsc, not Icss than $10 nor morc than $50. For cach subscqucnt likc offcnsc. hc shall bc fincd not Icss that $50 nor morc than $100."

Scction 2 Amend §702. Chaptcr 7, Part I, Titlc 21 of thc Dclawarc Codc by striking said Scction in its cntircty and substituting M licu thcrcof thc following:

"§702. Failurc to answcr summons; penalty.

Whocvcr fails to answcr any summons to appcar in any court of compctcnt jurisdiction to answcr for any violation of thc motor vchicic laws of this Statc, aftcr notice thcrcof served personally or securely fastened to thc motor vchicic of which such person is thc owncr or operator, shall bc fincd, for thc first offcnsc, not Icss than $25 nor morc than $50. For cach subscqucnt likc offcnsc. hc shall bc fincd not Icss than $50 nor morc than $100. or imprisoncd not lcss than 2 nor morc than 15 days or both."

Scction 3 Amend §2102(b), Subchaptcr I, Chaptcr 21, Part 11, Talc 21 of thc Dclawarc Codc by striking said Subscction in its cntircty and substituting In licu thcrcof thc following:

"(b) Whocvcr violates Subscction (a) of this Scction shall bc fincd for thc first offcnse not Icss than $25 nor morc than $100 For cach subscqucnt Iikc offcnsc, hc shall bc fined not Icss than $50 nor morc than $200, or imprisoncd not Icss than 10 nor morc than 30 days or both."

Scction 4 Amend §21I8(r). Subchaptcr I, Chaptcr 21, Part II. Titlc 21 of the Dclawarc Codc by striking said Subscction in its entircty and substituting in lieu thcrcof thc following:

"hi Whocvcr violatcs any Subscction of this Scction shall bc fincd for the first offense not Icss than $150 nor more than $1.000. or imprisoncd not Icss than 10 nor morc than 30 days. or both, and shall havc his driving liccnsc and/or privileges suspcndcd for 3 months For cach subscquent likc offcnsc, occurring within 3 ycars of a former offcnsc, hc shall bc fincd not Icss than $500 nor more than $2,000, or imprisoncd not lcss than 30 nor more than 60 days, or both. and shall havc his driving liccnsc and/or privileges suspendcd for 6 months The minimum fine imposed for a violation of Subsections (a), (j), or (p) of this Scction shall not bc subject to suspension

Failurc of thc owncr or operator to producc an insurance identification card for Insurance which is in full forcc and cffcct at the time of the offcnsc shall bc presumptive evidence that such person is operating his vchicic without having insurance required by this Talc.

Notwithstanding the penalties specified above, anyone convicted of driving without minimum insurance as required M this Section shall have his privilcgcs of driving revoked in this State until such time as he has furnished proof of insurance to the Division of Motor A/chides."

Scction 5 Amend §212b(c). Subchapter 11, Chaptcr 21, Part II, Titlc 21 of the Dclawarc Codc by striking said Subscction in its entiray and substituting in licu thereof the ((Mowing:

"(c) Whocvcr violatcs Subsection (b) of this Scction shall bc fincd not lcss than $25 nor morc than $50 "

Scction 6 Amend §2133(a). Subchapter IL Chapter 21, Part 11, Titlc 21 of the Dclawarc Codc by striking said Subscction in its entirety and substituting in licu thcrcof the following

"(a) Any person who:

(I) Knowingly inserts any false information upon the face of a temporary registration plate; or

(2) Issues any temporary registration plate to a person or for a vehicle other than those permitted under this Title; or

(3) Operates any vehicle bearing a temporary registration plate which is invalid or expired shall for the first offense be fined not less than $25 nor more than $100. For each subsequent like offense, he shall be fined not less than $50 nor more than $200. or imprisoned not less than 10 nor more than 30 days or both."

Section 7. Amend §2134(g), Subchapter II, Chapter 21, Part II, Title 21 of the Delaware Code by striking said Subsection in its entirety and substituting in lieu thereof the following:

"(g) Any person who is not a handicapped person, as defined In Subsection (a) of this Section, and who intentionally and falsely represents himself as having the qualifications to obtain such a handicapped vehicle registration plate in an attempt to obtain such plate shall for the first offense be fined not less than $50 nor more than $100. For each subsequent like offense, he shall be fined not less than $100 nor more than $200, or imprisoned not less than 10 nor more than 30 days or both. Justices of the Peace shall have jurisdiction over offenses under this Section."

Section 8. Amend §2135(h), Subchapter II, Chapter 21, Part II, Title 21 of the Delaware Code by striking said Subsection in its entirety and substituting in lieu thereof the following:

"(h) Any person who is not a handicapped person, as defined in §2134(a) of this Title, and who intentionally and falsely represents himself as having the qualifications to obtain such a disabled person's parking permit in an attempt to obtain such permit shall, for the first offense, be fined not less than $50 nor more than $100. For each subsequent like offense, he shall be fined not less than $100 nor more than $200, or imprisoned not less than 10 nor more than 30 days or both. Justices of the Peace shall have Jurisdiction over offenses under this Section."

Section 9. Amend 92174, Subchapter W, Chapter 21, Part II, Title 21 of the Delaware Code by striking said Section In its entirety and substituting in lieu thereof the following:

"§2174. Penalties.

Whoever violates this Subchapter shall for the first offense be fined not less than $25 nor more than $100. For each subsequent like offense, he shall be fined not less than $100 nor more than $200, or imprisoned not less than 10 nor more than 30 days or both."

Section 10. Amend §2340, Subchapter II, Chapter 23, Part 11, Title 21 of the Delaware Code by striking the figure "$5" as It appears therein and substituting In lieu thereof the figure "$25".

Section II. Amend §2701(0, Subchapter I. Chapter 27. Part II, Title 21 of the Delaware Code by striking said Subsection In its entirety and substituting in lieu thereof the following:

"(f) Whoever violates Subsection (c) or (d) of this Section shall for the first offense be fined not less than $25 nor more than $100. For each subsequent like offense, he shall be fined not less than $50 nor more than $100."

Section 12. Amend §2704(b), Subchapter 1, Chapter 27, Part II, Title 21 of the Delaware Code by striking said Subsection in its entirety and substituting In lieu thereof the following:

"(b) Whoever violates this section shall for the first offense be fined not less than $25 nor more than $100. For each subsequent like offense. he shall be fined not less than $50 nor more than $200, or imprisoned not less than 10 nor more than 30 days or both."

Section 13. Amend §2757(a), Subchapter IV, Chapter 27, Part II, Title 21 of the Delaware Code by striking said Subsection In its entirety and substituting In lieu thereof the following:

"(a) Whoever violates this Chapter shall for the first offense be fined not less than $25 nor more than $100. For each subsequent like offense. he shall be fined not less than $50 nor more than $200, or imprisoned not less than 10 nor more than 30 days or both."

Section 14. Amend §3109(a), Chapter 31, Part II, Title 21 of the Delaware Code by striking said Subsection in its entirety and substituting in lieu thereof the following:

than $200, or imprisoned not less than 10 nor more than 30 days or both. Justices of the Peace shall have Jurisdiction over violations of this Chapter."

Section 15. Amend §4126(b), Subchapter IHA, Chapter 41, PartIII, Title 21 of the Delaware Code by striking said Subsection in its entirety and substituting in lieu thereof the following:

"(b) Whoever violates Subsection (a) of this Section shall for the first offense be fined not less than $25 nor more than $100. For each subsequent like offense, he shall be fined not less than $50 nor more than $200, or imprisoned not less than 10 nor more than 30 days or both. Justices of the Peace shall have original Jurisdiction to hear, try and finally determine alleged violations of this Section."

Section 16. Amend §4128(b), Subchapter IIIA, Chapter 41, Part III, Title 21 of the Delaware Code by striking said Subsection in its entirety and substituting in lieu thereof the following:

"(b) No person shall refuse to pay, evade or attempt to evade the payment of any such toll. Any such violation regarding the payment of tolls shall be punishable by a fine of not less than $25 nor more than $100, or imprisonment for not less than 10 nor more than 30 days or both."

Section 17. Amend §4146(f), Subchapter V. Chapter 41. Part III, Title 21 of the Delaware Code by striking said Subsection in its entirety and substituting in lieu thereof the following:

"(f) Whoever violates this Section shall for the first offense be fined not less than $10 nor more than $25. For each subsequent like offense, he shall be fined not less than $25 nor more than $50."

Section 18. Amend §4169(c)(1), Subchapter VIII, Chapter 41, Part III, Title 21 of the Delaware Code by striking said paragraph In its entirety and substituting In lieu thereof the following:

"(I) Whoever violates this Section shall for the first offense be fined $20. For each subsequent offense, he shall be fined $25 or be imprisoned not less than 10 nor more than 30 days or both. A subsequent violation, before being punishable as such, shall have been committed within 24 months after the commission of the prior offense."

Section 19. Amend §4175(b), Subchapter IX, Chapter 41, Part III, Title 21 of the Delaware Code by striking said Subsection in its entirety and substituting in lieu thereof the following:

"(h) Whoever violates Subsection (a) of this Section shall for the first offense be fined not less than $100 nor more than $300. or be Imprisoned not less than 10 nor more than 30 days or both. For each subsequent like offense occurring within 3 years of a former offense, he shall be fined not less than $300 nor more than $1,000, or be imprisoned not less than 30 nor more than 60 days or both. No person who violates Subsection (a) of this Section shall receive a suspended sentence. However, for the first offense, the period of Imprisonment may be suspended. Whoever is convicted of violating Subsection (a) of this Section and who has had the charge reduced from the violation of §4177(a) of this Title shall. in addition to the above, be ordered to complete a course of instruction or program of rehabilitation established under §4177D of this Title and to pay all fees in connection therewith. In such cases, the court disposing of the case shall note in the court's record that the offense was alcohol related and such notation shall be carried on the violator's motor vehicle record."

Section 20. Amend §4176(c), Subchapter IX, Chapter 41. Part III, Title 21 of the Delaware Code by striking said Subsection M its entirety and substituting in lieu thereof the following:

"(c) Whoever violates this Section shall for the first offense be fined not less than $25 nor more than $100. For each subsequent like offense occurring within 3 years of a former offense. he shall be fined not less than $50 nor more than $200, or imprisoned not less than 10 nor more than 30 days or both."

Section 21 Amend §4205(a). Chapter 42. Part III, Title 21 of the Delaware Code by striking said Subsection in its entirety and substituting in lieu thereof the following:

"(a) Whoever violates Chapter 41 or 42 of this Title shall for the first offense be fined not less than $25 nor more than $100. For each subsequent like offense, he shall be fined not less than $50 nor more than $200, or imprisoned not less than 10 nor more than 30 days or both. All second offenses, before being punishable as such, shall have been committed within 12 months after the commission of the first offense unless otherwise specifically provided."

Section 22 Amend §4315, Subchapter I, Chapter 43, Part III, Title 21 of the Delaware Code by striking said Section in its entirety and substituting in lieu thereof the following:

"§4315. Penalties for §§4301-4316.

(a) Whoever violates 554301-4305 of this Title shall for the first offense tre fined not less than ;25 nor more than ;100. For each subsequent like offense, he shall be fined not less than ;50 nor more than ;200, or imprisoned not less than 10 nor more than 30 days or both.

(b) Whoever violates 554306-4311 of this Title shall for the first offense be fined not less than ;10 nor more than ;25. For each subsequent like offense, he shall be fined not less than ;25 nor more than ;100.

(c) Whoever being the operator, owner or custodian of any motor vehicle which is operated in violation of 554312-4316 of this Title shall be fined not less than ;25 nor more than ;100.

(d) In case of any violation of 554301-4316 by any common carrier or person operating under a permit or certificate issued by any public authority, in addition to the penalties prescribed in this Section, such permit or certificate shall be revoked or, in the discretion of the Issuing authority suspended until such Sections are satisfactorily complied with."

Section 23. Amend 54317(0, Subchapter I, Chapter 43, Part III, Title 21 of the Delaware Code by striking said Subsection in its entirety and substituting in lieu thereof the following:

"(f) Whoever violates this Section shall for the first offense be fined not less ;10 nor more than ;25. For each subsequent like offense, he shall be fined not less than ;25 nor more than ;100."

Section 24. Amend 54358, Subchapter II, Chapter 43, Part III, Title 21 of the Delaware Code by striking said Section in its entirety and substituting in lieu thereof the following:

14358. Penalties.

Whoever violates this Subchapter shall for the first offense be fined not less than ;10 nor more than ;25. For each subsequent like offense, he shall be fined not less than ;25 nor more than ;100."

Section 25. Amend 54371(b), Subchapter IV, Chapter 43, Part III; Title 21 of the Delaware Code by striking said Subsection in its entirety and substituting in lieu thereof the following:

"(b) Whoever violates Subsection (a) of this Section shall for the first offense be fined not less than ;10 nor more than ;25. For each subsequent like offense, he shall be fined not less than ;25 nor more than ;100."

Approved July 9, 1986.