CHAPTER 265

FORMERLY

SENATE BILL NO. 89

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO BICYCLING.

BE IT ENACTED BY THE GENERA_L ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §2740, Title 21, Delaware Code by deleting the phrase ", a moped or a bicycle" and by inserting in lieu thereof the phrase "or a moped".

Section 2. Amend §4177(c)(4), Title 21, Delaware Code by deleting the phrase "any moped as defined in §101(53) of this title, and any bicycle as defined in §I01(52) of this title" and by inserting in lieu thereof the phrase "and any moped as defined in §I01(53) of this Title."

Section 3. Amend Subchapter XII, Chapter 41, Title 21, Delaware Code by adding a new Section as follows:

"§4198J Bicycling on highways under influence of drugs or alcohol.

(a) No person shall ride a bicycle on a highway of this State while under the influence of intoxicating liquor and/or narcotic drugs to a degree which renders such person a hazard.

(b) Whoever is convicted of a violation of subsection (a) of this section shall, for the first offense be fined not less than $150 nor more than $1,150 and for subsequent offenses, be fined not less than $400 nor more than $1,500 or be imprisoned not less than 10 days nor more than 30 days, or both. A subsequent offense must have been committed within two years of the prior offense.

(c) No violation of this section shall be entered on a driver's motor vehicle record."

Approved July 19, 1995