CHAPTER 369

FORMERLY

HOUSE BILL NO. 252

AS AMENDED BY HOUSE AMENDMENT NOS. 1 & 2 AND

SENATE AMENDMENT NOS. 1 & 2

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE REGARDING DRIVING VEHICLES WHILE LICENSE IS SUSPENDED OR REVOKED.

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

Section 1. Amend § 2756, Chapter 21, Title 21 of the Delaware Code by striking subsections (a) and (b), and by inserting new subsections in place thereof to read:

"(a) Any person whose driver's license or driving privileges have been suspended or revoked and who drives any motor vehicle upon the highways of this State during the period of suspension or revocation shall for the first offense be fined not less than $500.00 nor more than $1,000.00 and be imprisoned not less than 30 days nor more than 6 months. For each subsequent like offense, such person shall be fined not less than $1,000.00 nor more than $4,000.00 and in addition be imprisoned not less than 60 days nor more than 1 year. However, for a first offense under this section, if the suspension or revocation resulted from a violation of § 4177 of this Title or a local ordinance substantially conforming thereto, the minimum fine shall be $600.00. For purposes of this section a subsequent offense shall be defined as one occurring within 3 years of a former offense.

(b) The minimum fine for a first or subsequent offense shall not be subject to suspension. The period of imprisonment for a subsequent offense shall not be subject to suspension. In addition, for any offense under this section, if the suspension or revocation resulted from a violation of a criminal statute dealing with injury or death caused to another person by the person's driving or operation of the vehicle and driving under the influence was an element of such offense, the minimum fine shall be $2,000.00 and the minimum period of imprisonment shall not be subject to suspension."

Approved June 17, 1996