HOUSE BILL NO. 435
AS AMENDED BY HOUSE AMENDMENT NOS. 1 & 2 AND
SENATE AMENDMENT NO. 2
AN ACT TO AMEND SUBCHAPTER IIIA OF CHAPTER 41, TITLE 21, DELAWARE CODE RELATING TO CONTROLLED-ACCESS HIGHWAYS.
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 §4127, Title 21, Delaware Code, by striking the words in the title "Unlawful Evasion of Delaware Turnpike Tolls" and substituting in lieu thereof the words: "Unlawful Evasion of Delaware Turnpike and The Korean War Veterans Memorial Highway; Harassment of Toll Collectors.".
Section 2. Amend §4127(b), Title 21, Delaware Code, by striking the second sentence commencing with the words "Any violation" and ending with the words "5 days or both" and substituting in lieu thereof the following:
"Any such violation regarding the payment of tolls shall be punishable by a fine of not less than $25 nor more than $100, or imprisonment for not less than 10 nor more than 30 days, or both."
Section 3. Amend §4127, Title 21, Delaware Code by adding thereto a new subsection
(g) to read as follows:
"(g) If any vehicle is witnessed by a police officer, toll collector, video surveillance device, to be in violation of subsection (b) of §4127, and the identity of the operator is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name the vehicle is registered committed such violation of subsection (b) §4127."
Section 4. Amend §4127, Title 21, Delaware Code, by adding thereto a new subsection
(h) to read as follows:
"(h) Any person who commits an act of offensive touching, presents payment in the form of an obviously unsanitary piece of U.S. currency, or who commits any act knowing that one is thereby likely to cause offense or alarm to an on duty toll collector, will be guilty of an unclassified misdemeanor."
Approved May 23, 1996