CHAPTER 252

FORMERLY

SENATE BILL NO. 337

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 5, TITLE 11 OF THE DELAWARE CODE RELATING TO BAD CHECKS.

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 Subpart I to Subchapter III of Chapter 5, Title 11. Delaware Code, by adding a new Section 900A thereto to read as follows:

"900A. Conditional discharge for issuing a bad check as first offense.

Whenever any person who has not previously been convicted of issuing or passing a bad check under Section 900 of this title or under any statute of the United States or of any state relating to the issuing or passing of bad checks pleads guilty to Issuing or Passing a bad check in violation of Section 900 of this title in an amount under $500 at the time of his arraignment. the court without entering a judgment of guilt and with the consent of the accused may defer further proceedings and place him on probation upon terms

and conditions, which terms and conditions shall include payment of full restitution In the amount of the check plus any reasonable service fee In connection therewith to the victim Of the offense and payment to the state of any court costs associated with the offense.

Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against him and shall simultaneously with said discharge and dismissal submit to the State Bureau of Identification pursuant to Chapter 85 of this title the disposition specifying the name of the person and the nature Of the proceedings against him which dtspositional information shall be retained by the State Bureau of Identification In accordance with its standard operating procedures. Discharge and dismissal under this section shall be without adjudication of guilt and Is

not a conviction for purposes of disqualifications or disabilities Imposed by law upon conviction of a crime. There may be only 1 discharge and dismissal under this section with respect to any person and no person who is charged with multiple violations of Section 900 of this title Is eligible for treatment as a first offender under this section."

Approved May 19, 1988.