CHAPTER 125

FORMERLY

HOUSE BILL NO. 338

ACT TO AMEND TITLE 21, CHAPTER 27 AND CHAPTER 41 OF THE DELAWARE CODE, RELATING TO DRIVER'S LICENSES AND VIOLATIONS OF RULES OF THE ROAD AND TITLE 18 OF THE DELAWARE CODE RELATING TO THE CONSEQUENCES OF LICENSE SUSPENSION FOR NON-DRIVING-RELATED DRUG OFFENDERS.

8E IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Subsection 2707(b), Title 21, Delaware Code by adding a new paragraph (11) to read as follows:

"(11) Person, other than those persons covered by paragraphs (9) and (10) of this subsection, who has been convicted of or pleads guilty to any of the offenses listed in subparagraphs a., b., c. or d. of paragraph (10) of this subsection, including a conviction or guilty plea pursuant to Section 4764 of Title 16 and qualifying for First Offender election under Section 4177B of this Title, or who has been adjudicated delinquent as a result of acts which would constitute such an offense if committed by an adult, for a period of six months after the individual otherwise would have been eligible to have a driver's license issued if the individual does not have a driver's license or reinstated if the driver's license of the person has been suspended at the time the person is so convicted."

Section 2. Amend Subsection 4177A(a), Chapter 41, Title 21, Delaware Code by inserting the following language between the word "title" and the period at the end of the first sentence of said subsection: or any offense under the laws of any state or of the United States which substantially conforms to the charge of driving under the influence of drugs".

Section 3. Amend Subsection 4177H(a), Chapter 41, Title 21, Delaware Code by striking the words "section 4753 or section 4754 of Title 16" and substituting in lieu thereof the following language: "section 4752, section 4753, section 4754, section 4754A of Title 16, or any drug offense under Chapter 5, Title 11 or under any law of the United States, any state of the United States or any local jurisdiction or the District of Columbia which substantially conforms to the provisions of the foregoing Code sections,".

Section 4. Amend Section 4177H, Chapter 41, Title 21, Delaware Code by striking the word "certain" as the same appears in the Title of that Section and substituting in lieu thereof the word "all".

Section 5. Amend Section 3904(a)(7)(a), Chapter 39, Title 18 of the Delaware Code by adding thereto after "Title 10" the following: or had his/her driver's license under suspension or revocation for a non-driving-related drug offense pursuant to §2707(b)(11) or §4177H(a), Title 21, Delaware Code."

Section 6. Amend Section 3912, Chapter 39, Title 18 by adding a new sentence at the end thereof as follows:

"No premium may be increased on any contract of casualty insurance based on a license revocation or suspension imposed on the named insured or any other operator who either resides in the same household or customarily operates an automobile insured under such policy for a non-driving-related drug offense pursuant to §2707(b)(11) or §4177H(a), Title 21, Delaware Code."

Approved July 12, 1993