CHAPTER 406

FORMERLY

HOUSE SUBSTITUTE NO. 1

FOR

HOUSE BILL NO. 428

AS AMENDED BY HOUSE AMENDMENT NOS. 1, 2, 3 AND 4

AN ACT TO AMEND CHAPTERS 21 AND 27, TITLE 21 OF THE DELAWARE CODE RELATING TO REGISTRATION OF MOTOR VEHICLES AND DRIVER'S LICENSE.

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 Chapter 21, Title 21 of the Delaware Code by adding a new §2118A to read as follows:

"§2118A. Unlawful Possession or Manufacture of Proof of Insurance,

Penalties.

(B) It shall be unlawful for any person to possess, manufacture,
sell, distribute or circulate a fictitious insurance identification card or any fictitious proof of insurance. A Fictitious insurance identification card shall be any document not manufactured in compliance with §2118(n) of this Chapter. Fictitious proof of insurance shall be any document not produced in compliance with §2118(0) of this chapter.

(A) It shall also be unlawful for any person to possess, manufacture, sell, distribute or circulate a blank insurance identification card. However, the following shall be exempt from this subsection: Office of the Insurance Commissioner, insurance Companies or bonding companies or their employees or agents or employees of such agents in the discharge of their employment duties.

(A) Any person convicted of a violation of subsection (a) or (b) shall be fined for the first offense not less than $500 nor more than $1500, or imprisoned not less than 30 days, nor more than 60 days, or both. For each subsequent violation, the person shall be fined not less than $1000 nor more than $2000, or be imprisoned not less than 60 days nor more than 6 months, or both."

Section 2. Amend Chapter 27, §2733(a), Title 21, Delaware Code by adding a new paragraph to read as follows:

"(7) Has violated §2118A of this Title."

Approved July 17, 1992.