CHAPTER 416

FORMERLY

HOUSE BILL NO. 540

AS AMENDED BY HOUSE AMENDMENT NOS. 3, 5 AND 6

AN ACT TO AMEND TITLE 21, DELAWARE CODE, RELATING TO THE DISPLAY, LENDING OR POSSESSION OF FICTITIOUS, FRAUDULENT, OR COUNTERFEIT DRIVERS LICENSES OR IDENTIFICATION CARDS AND THE PENALTIES THEREFOR.

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 Title 21, Chapter 27, Section 2751, by deleting said section in its

entirety and insert a new Section 2751 to read as follows:

§2751. Unlawful Application for or Use of License or Identification Card."

(a) Fraud in obtaining or attempting to obtain driver's license or identification card -- A person shall not fraudulently obtain or attempt to obtain a driver's license or an identification card by misrepresentation.

(b) Fraud In application for license or identification card -- A person shall not in any application for a driver's license or identification card:

(1) Use a false or fictitious name;

(2) Make a false statement;

(3) Conceal a material fact; or

(4) Otherwise commit a fraud.

(c) Display of cancelled licenses. -- A person shall not display, cause or permit to be displayed, any cancelled license,

(d) Display of revoked licenses. -- A person shall not display, cause or permit to be displayed, any revoked license.

(e) Display of suspended licenses. -- A person shall not display, cause or permit to be displayed, any suspended license.

(f) Display of fictitious licenses or Identification cards. -- A person shall not display, cause or permit to be displayed, any fictitious license or identification card.

(g) Display of fraudulently altered license or identification card. -- A person shall not display, cause or permit to be displayed, any fraudulently altered license or identification card.

(h) Possession of cancelled license. -- A person shall not possess any cancelled license.

(I) Possession of revoked license. -- A person shall not possess any revoked

license.

(j) Possession of suspended license. -- A person shall not possess any suspended
license.

(k) Possession of fictitious license or identification card. -- A person shall not
possess any fictitious license or identification card.

(1) Possession of fraudulently altered license or identification card. -- A person shall not possess any fraudulently altered license or identification card.

(m) Loaning license. -- A person shall not lend his license to any other person or permit the use of license by another.

(n) Display or representation of license or identification card not one's own. - A person shall not display or represent as his own any license or identification card not Issued to him.

(p) Failure or refusal to surrender license or identification card. -- A person shall not fail or refuse to surrender to the Department on Its lawful demand any license or identification card that has been suspended, revoked, cancelled, altered or otherwise fraudulently obtained.

(p) Permitting unlawful use of license or identification card. -- A person shall not permit any unlawful use of a license or Identification card issued to hoim.

(q) Prohibited acts. -- A person shall not do any act forbidden or fail to perform any act required by this title.

(a) Unless otherwise specifically provided for In Chapter 31 of this Title,
whoever violates this section shall be guilty of a Class El misdemeanor and Shall have his/her drivers license and/or driving privileges suspended for a period to be set by the Court, not to exceed 6 months.

(a) When a driver's license and/or driving privileges Is suspended pursuant to

this section, the applicant shall not be eligible for a conditional license, occupational license, work license or any other type of hardship license during the period of suspension, except that after 60 days of suspension the applicant may be eligible for a work license which shall be strictly limited to commuting to or from his or her place of employment and such driving as is a necessary part of the duties of said employment.

Section 2. Amend Title 21, Delaware Code, Chapter 31, Section 3107, by deleting said

section in its entirety.

Section 3. Amend Title 21, Delaware Code, Chapter 31, by renumbering existing Section

3108 as new Section 3107 and existing Section 3109 as new Section 3108.

Approved July 19, 1988.