CHAPTER 307

FORMERLY

SENATE BILL NO. 44

AS AMENDED BY SENATE AMENDMENT NOS. 2 AND 4 AND
HOUSE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND CHAPTER 21, TITLE 21, DELAWARE CODE, RELATING TO INCREASED FINES FOR ALTERED OR FICTITIOUS VEHICLE REGISTRATIONS AND/OR REGISTRATION PLATES AND VIOLATIONS OF REGISTRATION PROVISIONS.

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 §2116, Chapter 21, Title 21 of the Delaware Code by re-designating present subsection (b) as new subsection (c); by re-designating present subsection (c) as new subsection (d); and by adding thereto a new subsection (b) which shall read as follows:

"(b)(1) Notwithstanding the provisions of subsection (a) of this section, whoever violates subsections (1) through (5) of Section 2115 shall, for the first offense, be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00), be imprisoned not less than thirty days nor more than ninety days, or be penalized by both fine and imprisonment. For each subsequent like offense, such person shall be fined not less than one hundred dollars ($100.00) nor more than three hundred dollars ($300.00), be imprisoned not less than ninety days nor more than six months, or be penalized by both fine and imprisonment.

(2) Any owner or operator of a vehicle which requires a registration fee which is calculated upon the gross weight of the vehicle, and any load thereon, and who violates subsections (1) through (5) of §2115 of this Chapter, shall be fined at a rate double that which is set forth in this subsection, or be imprisoned as provided herein, or be both fined and imprisoned. In addition, such person shall also be fined an amount which is equal to the costs of registering the vehicle either at its gross weight at the time of the offense, or at the maximum legal limit, whichever is less. Such fine shall be suspended if, within five days of the offense, the Court is presented with a valid registration card for the actual gross weight of the vehicle at the time of the offense."

Section 3. Amend §2116(a), Chapter 21, Title 21, Delaware Code, by striking the word "therein" as it appears in the second sentence of §2116(a), after the phrase as provided" and before the phrase or both", and substituting in lieu thereof the word "herein".

Section 4. Amend §2116(a), Chapter 21, Title 21, Delaware Code, by striking the word "or" as it appears in the last sentence of §2116(a), after the phrase "at the time of the offense" and before the phrase "the maximum legal limit", and substituting in lieu thereof the word "for".

Approved July 8, 1994.