CHAPTER 429

FORMERLY

SENATE BILL NO. 416

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 27, TITLE 21, DELAWARE CODE, CHAPTER 9, TITLE 10, DELAWARE CODE, AND CHAPTER 41, TITLE 21, DELAWARE CODE, RELATING TO DRIVER LICENSE QUALIFICATIONS, REVOCATION OF DRIVING PRIVILEGES, AND REVOCATION OF LICENSE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 2707(b)(10), Chapter 27, Title 21, Delaware Code by deleting the words, "Person who, being under the age of 21 years, who has been convicted of any of the offenses listed hereinafter or who has been adjudicated delinquent as a result of acts which would constitute such offense if committed by an adult, for a period of two years from the date of conviction or adjudication of delinquency, or until said person's 18th birthday, whichever is longer." and inserting in lieu thereof the following:

"Person who has not reached his/her 21st birthday at the time of the offense, who has been convicted of or pleads guilty to, including a conviction or guilty plea pursuant to 16 Del. C. Section 4764 and qualifying for first offender election under 21 Del. C. Section 41776, any of the offenses listed hereinafter or who has been adjudicated delinquent as a result of acts which would constitute such offense if committed by an adult, for a period of two years from the date of sentencing, or until said person's 18th birthday, whichever is longer."

Section 2. Amend Section 2707(b)(9), Chapter 27, Title 21, Delaware Code, by deleting it in its entirety and by substituting in lieu thereof the following:

"(9) A person who has not reached his/her 18th birthday upon notification by the Family court of the State pursuant to Section 937 of Title 10, for a time set by the court in its discretion."

Section 3. Amend Section 937 (b)(16) Chapter 9, Title 10, Delaware code by deleting the number "2" as the same appears therein and substituting in lieu thereof the number"4".

Section 4. Amend Section 2712, Chapter 27, Title 21, Delaware Code by redesignating the existing section as subsection (a) and by adding a new subsection (b) to read as follows:

The Department shall not issue an operator's license to a person who has not reached his/her 18th birthday at the time of the offense if he/she has been adjudicated delinquent as a result of acts which would constitute such an offense if committed by an adult as set forth in Section 2732(a) of this Title."

Section 5. Amend Section 2732 (a), Chapter 27, Title 21, Delaware code by inserting after the words "... record of the conviction" and before the words "... of such person..." as the same appear in said section 2732(a), the following:

"or, adjudication of delinquency by Family Court for acts which would constitute such an offense if committed by an adult,"

Section 6. Amend Section 4177H(a), Title 21, Delaware Code, by deleting subsection (a) in its entirety and substituting in lieu thereof the following:

"(a) Any person who pleads guilty to or is convicted of, including a guilty plea or conviction pursuant to 16 Delaware Code Section 4764, possession of a controlled substance under Section 4753 or 4754 of Title 16 of this code, or who is adjudicated delinquent as a result of acts which would constitute such offenses if committed by an adult, shall, in addition to any and all other penalties provided by law, have his/her driver's license and/or driving privileges revoked by the Secretary for a period of two years from the date of sentencing."

Section 7. Amend Section 4177H(b), Title 21, Delaware Code, by deleting said subsection (b) as it appears therein and substituting in lieu thereof the following:

"(b) Any person who pleads guilty to or is convicted of, including a guilty plea or conviction pursuant to 16 Delaware Code Section 4764, a violation of Sections 4751, 4752A, 4753A, 4755, 4756 or 4761 of Title 16 of this Code, or who is adjudicated delinquent as a result of acts which would constitute such offenses if committed by an adult, shall, in addition to any and all other penalties provided by law, have his/her driver's license and/or driving privileges revoked by the Secretary for a period of three years from the date of sentencing."

Section 8. Amend Section 4177H, Title 21, Delaware Code by deleting subsection (c) in its entirety and by inserting in lieu thereof the following:

"(c) In cases where this section is applied, the Court shall immediately take possession of any Delaware issued driver's license and forthwith forward it to the Secretary, together with notification that revocation pursuant to this section has been implemented."

Approved July 23, 1990.