CHAPTER 136

FORMERLY

SENATE BILL NO. 113

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO HABITUAL MOTOR VEHICLE OFFENDERS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: (Two-thirds of all members elected to each house thereof concurring therin):

Section 2. Amend Section 2805, Title 21 of the Delaware Code by striking from that section the entire second sentence and inserting, in lieu thereof, the following two sentences:

"A copy of the petition, the show cause order and the abstract shall be served upon the person named therein either by personal delivery thereof or by deposit of such in the United States mail in an envelope with postage prepaid, addressed to such person at his address as shown by the records of the Division of Motor Vehicles. The service of the petition, order and abstract by mail is complete upon the expiration of four (4) days after such deposit of those documents."

Section 3. Amend Section 2809, Title 21 of the Delaware Code by adding a new paragraph "(4)" to read as follows:

"(4) Unless the Attorney General moves the Court for restoration of the privilege to operate a motor vehicle in this State of any person declared to be an habitual offender as defined in §2802(1) of this title after three (3) years from the date of the order of the Court declaring the person to be a habitual offender. In the event of such a motion by the Attorney General, the Court may in its discretion restore the driving privileges of the person in whole or in part only if the person also meets the obligation set forth in paragraphs (2) and (3) of this section."

Section 4. Amend Section 2810, Title 21 of the Delaware Code by striking the second sentence of the section in its entirety and inserting in lieu thereof, the following three sentences:

Any person found to be an habitual offender under this chapter who is thereafter convicted of operating a motor vehicle in this State while the judgment of the Court prohibiting such operation is in effect shall for the first offense be fined not more than $1,150 and imprisoned not less than ninety (90) days nor more than thirty (30) months. For each subsequent like offense, be fined not more than $2,300 and imprisonment not less than one hundred eighty (180) days nor more than five (5) years. The periods of imprisonment under this section shall not be subject to suspension."

Section 5. Amend Section 2810, Title 21 of the Delaware Code by striking the word "exclusive" as it appears in the last sentence of that section.

Approved July 6, 1995