CHAPTER 34

FORMERLY

HOUSE BILL NO. 98

AS AMENDED BY

HOUSE AMENDMENT NOS. 1, 2 AND 3

AN ACT TO AMEND CHAPTER 41, TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS.

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 Section 4177(d), Title 21 of the Delaware Code by inserting a new paragraph "(3)" to read as follows:

"(3) In addition to the penalties otherwise authorized by this subsection, any person convicted of a violation of subsection (a) of this section committed while a person who has not yet reached his or her seventeenth birthday is on or within the vehicle shall:

a. for the first offense, be fined an additional minimum of $230 and not more than an additional $1,150 and sentenced to perform a minimum of forty hours of community service in a program benefiting children.

b. for each subsequent like offense, be fined an additional minimum of $575 and not more than an additional $2,300 and sentenced to perform a minimum of eighty hours of community service in a program benefiting children.

c. Violation of this paragraph shall be considered as an aggravating circumstance for sentencing purposes for a person convicted of a violation of subsection (a) of this section. Nothing in this paragraph shall prevent conviction for a violation of both subsection (a) of this section and any offense as defined elsewhere by the laws of this State.

d. Violation of or sentencing pursuant to this paragraph shall not be considered as evidence of either comparative or contributory negligence in any civil suit or insurance claim, nor shall a violation of or sentencing pursuant to this paragraph be admissible- as evidence in the trial of any civil action."

Section 2. Amend Section 4177B(a), Title 21 of the Delaware Code by adding thereto a new subparagraph "(6)" after the phrase "at the time of the offense in question;" as follows:

"and (6) is not subject to the enhanced penalties of §4177(d) (3) for carrying a child on or within his or her vehicle while driving under the influence;".

Section 3. Amend Section 417713(0, Title 21 of the Delaware Code by changing the number "(5)" to the number "(6)" as it appears in the first sentence of that subsection.

Approved May 15, 1995